Indian Kanoon - Search engine for Indian Law

Income Tax Appellate Tribunal - Pune

Prakash Dhondiram Koli, Kolhapur vs Deputy Commissioner Of Income-Tax, ... on 22 June, 2022

     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.377/PUN/2021
                  ननधधारण वषा / Assessment Year : 2019-20

      Prakash Dhondiram Koli
      C/o Sanjay Vhanbatte and Company,
      Chartered Accountants,
      CTS No.245, C/1, First Floor,
      Mahalaxmi Bank Building,
      Near Kelavkar Hospital, Tarabai Park,
      Kolhapur - 416003

      PAN : AZHPK7510P
                                                    .......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. Jasanani


             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 19-08-2021 passed by the National Faceless Appeal Centre (NFAC), Delhi for assessment year 2019-20.

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‟).

ITA No.377/PUN/2021, A.Y. 2019-20

3. We note that the Assessing Officer (AO), CPC, Bangalore disallowed Rs.24,74,849/- on employees‟ contribution u/s 36(1)(va) of the Act for not depositing within specified time under the relevant Acts. We note that the CIT(A) found the said amount was paid by the assessee before the due date of filing the return of income vide para 8 of the impugned order, but however, confirmed the disallowance made by the AO, CPC, Bangalore taking into account the recent amendment. 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 2019-20 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 22nd June, 2022.

           Sd/-                                                 Sd/-
        (R.S. Syal)                                (S.S. Viswanethra Ravi)
     VICE PRESIDENT                                    JUDICIAL MEMBER

पपणे / Pune; ददनधंक / Dated : 22nd June, 2022.

GCVSR 3 ITA No.377/PUN/2021, A.Y. 2019-20 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