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Amendments to Sections 43B and 36(1)(va) not Retrospective
Case Law Details
- Case Name
- Anup Service Station Vs DCIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2018-19 & 2019-20
- Courts
- All ITAT, ITAT Delhi
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Anup Service Station Vs DCIT (ITAT Delhi)
If the assessee has deposited the employees’ share of contribution to PF & ESI before the due date of filing of return u/s. 139(1) of the Act, then no disallowance u/s. 36(1)(va) can be made. It has further been held that the amendment to the provisions of section 43B and 36(1)(va) of the Act by the Finance Act, 2021 has to be construed as prospective and applicable for the period after 01.04.2021. It is held that this provision imposes a liability on the assessee and therefore, cannot be construed as applicable with retrospective effect since th...
