Shareen Auto Pvt Ltd, Nashik V. Assistant Commissioner of Income-Tax, Circle-1, Nashik

ITA 372/PUN/2021

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 0378 (ITAT-PUNE)
• Duration Of Justice: 9 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2018-2019
• Appeal Filed On: 02-09-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपऩल सं. / ITA No.372/PUN/2021 ननधधारण वषा / Assessment Year : 2018-19 Shareen Auto Pvt. Ltd., Plot No.117/A, Street No.16, MIDC, Satpur, Nashik – 422007 PAN : AAECS0452K .......अपऩलधथी / Appellant बनधम / V/s. The Dy. Commissioner of Income Tax, CPC, Bangalore ......प्रत्यथी / Respondent Assessee by : Shri Pramod Shingte Revenue by : Shri M.G. Jasnani सपनवधई की तधरऩख / Date of Hearing : 20-06-2022 घोषणध की तधरऩख / Date of Pronouncement : 22-06-2022 आदेश / ORDER PER S.S. VISWANETHRA RAVI, JM : This appeal by the assessee against the order dated 31-07-2021 passed by the National Faceless Appeal Centre (NFAC), Delhi for assessment year 2018-19. 2. The only issue is to be decided is as to whether the CIT(A) justified in confirming the disallowance made u/s 36(1)(va) of the Income-tax Act, 1961 (hereinafter referred to as „the Act‟). 2 ITA No.372/PUN/2021, A.Y. 2018-19 3. We note that the Assessing Officer (AO), CPC, Bangalore disallowed sum of Rs.2,97,600/- u/s 36(1)(va) of the Act on account of late deposit of PF/ESI. We note that the assessee brought to the notice of CIT(A) that the said payment relating to PF/ESI was paid before due date of filing of return of income and the CIT(A) recorded the said statement vide para 7 of impugned order. We note that Explanation (1) was inserted to clause (va) of sub-section (1) of section 36 of the Act w.e.f. 01.04.2021, wherein the definition of due date is defined making it clear that the assessee is required as an employer to credit employees‟ contribution to the employees account in the relevant fund under any Act, Rule, Order or Notification issued therein or under any Standing order, Award, Contract of service or otherwise. Admittedly, the assessment year under consideration is 2018- 19 and in our opinion, the said amendment by way of Explanation inserted by the Finance Act, 2021 is not applicable. Therefore, the disallowance as confirmed by the CIT(A) is not justified. Thus, it is set aside by holding that the assessee is entitled to get deduction. Thus, the grounds raised by the assessee are allowed. 4. In the result, appeal of assessee is allowed. Order pronounced in the open court on 22 nd June, 2022. Sd/- Sd/- (R.S. Syal) (S.S. Viswanethra Ravi) VICE PRESIDENT JUDICIAL MEMBER पपणे / Pune; ददनधंक / Dated : 22 nd June, 2022. GCVSR 3 ITA No.372/PUN/2021, A.Y. 2018-19 आदेश की प्रनतनलनप अग्रेनषत / Copy of the Order forwarded to : 1. अपऩलधथी / The Appellant. 2. प्रत्यथी / The Respondent. 3. The NFAC, Delhi 4. The concerned CIT, Pune 5. DR, ITAT, “B” Bench, Pune. 6. गधर्ा फ़धइल / Guard File. //True Copy// आदेशधनपसधर / BY ORDER, वरिष्ठ निजी सनिव / Sr. Private Secretary आयकि अपीलीय अनिकिण ,पुणे / ITAT, Pune