Addition for belated payment of PF/ESI prior to amendment by Finance Act, 2021

Ridhi Sidhi Mills (India) Pvt. Ltd. Vs DCIT (ITAT Jodhpur)

In the present cases, it is not in dispute that the assessees deposited the contribution of PF & ESI belated in terms of section 36(1)(va) of the Act, however, the said deposits were made prior to filing of return of income u/s 139(1) of the Act.

Since the facts of the present cases are identical to the facts involved in the below referred to cases, therefore respectfully following the earlier orders as referred to herein above of the different Benches of the ITAT, the impugned additions made by the Assessing Officer and sustained by the Ld. CIT(A) on account of deposits of employees contribution of ESI & PF prior to filing of the return of income u/s 139(1) of the Act, in both the years under consideration prior to the amendment made by the Finance Act, 2021 w.e.f. 1.4.2021 vide Explanation 5, are deleted.

FULL TEXT OF THE ORDER OF ITAT JODHPUR

Both the appeals by the assessee are directed against the separate orders of the CIT (Appeal), National Faceless Appeal Centre, (NFAC), Delhi dated 20.09.2021.

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