Suman Solanki v Dy. CIT, CPC/ ITO (2022)98 ITR 97 (Jaipur) (Trib)

S. 43B : Deductions on actual payment-Employee’s contributions (EPF/ESIC)-Any sum received from employees-Deduction on actual payments-Amount paid before filing of return of income-Amendment applicable to AY. 2021 and later-Not applicable to earlier years. [S. 36(1)(v)]

Held, that the employees’ contribution to employees’ State insurance and provident fund collected by the assessee from its employees had been deposited well before the due date for filing of the return of income under section 139(1) of the Act. The assessment year was 2018-19 and therefore, the amended provisions could not be applied. Therefore, the addition made was to be deleted. (AY. 2018-19)