Allowing the appeal of the Assessee, the Tribunal held that ,employee’s contribution ,paid before due date of filing of return is allowable as deduction – One of the first appeals against the National Faceless Appeal Centre (NFAC) while dealing with the issue of applicability of jurisdictional precedents explained the background and genesis of the Faceless Appeal Scheme, and referred to the article authored by Dr. K. Shivaram, Senior Advocate, and Mr. Shashi Bekal, Advocate (posted on itatonline.org on March 27, 2021). It was held that the NFAC is bound by the binding decision of the Jurisdictional Allahabad High Court, as the assessing officer is situated within the territorial and subjective jurisdiction of the High court. ( ITA No.41 & 42/Agr/2021 dt 14 -6 -2021) ( AY. 2018 -19, 2019-20 )
Mahadev Cold Storage v. JAO ( 2021 ) 190 ITD 273/ 212 TTJ 801/ 205 DTR 145 ( 2021 ) 190 ITD 273/ 212 TTJ 801/ 205 DTR 145 (Agra ) ( Trib) www.itatonline .org Vinod Thanwerdas v. JAO ( 2021 ) 190 ITD 273/ 212 TTJ 801/ 205 DTR 145 (Agra ) ( Trib) www.itatonline .org
S.43B: Deductions on actual payment – Employee’s contribution -paid before due date of filing of return –Allowable as deduction – Binding Precedent – Faceless assessment -Order of Jurisdictional High Court – binding on AO situated within territorial jurisdiction and respective first appellate authority. [ S. 2 (24)(x), 36 (1)(va), 139 (1), 143 (3) ]