PER N.K. SAINI, VICE PRESIDENT

The appeal filed by the assessee is directed against the order of the CIT(Appeal), National Faceless Appeal Centre, (NFAC) Delhi dated 23.06.2021.

2. The only issue involved in this appeal relates to the sustenance of the addition made by the Assessing Officer on account of late deposit of employees share of PF & ESI which were deposited after the due date but before the due date of filing of return of income. The Assessing Officer made the additions of the impugned amounts for the reasons that the assessees did not deposit the amounts of employees contribution as per the provisions of section 36(1)(va) of the Income Tax Act, 1961 (herein referred to as ‘the Act’). When the matter was taken to the Ld. CIT(A), he confirmed the action of the Assessing Officer by observing as under:-

“4.1 The submission of the appellant is considered. However, the same cannot be accepted in view of the amendments made to section 36 and 43B by the Finance Act, 2021. The Finance Act, 2021 has amended section 36, which reads as under-

"In section 36 of the Income-tax Act, in sub-section (1), in clause (va), the Explanation shall be numbered as Explanation 1 thereof and after Ex