Gagan Goyal ORDER
Gagan Goyal, Member (A)
1. This appeal by the assessee is directed against the order of National Faceless Appeal Centre, Delhi [hereinafter referred to as ('NFAC)') dated 22.12.2021 passed under section 250 for the Assessment Year (AY) 2018-19. The assessee has raised the following grounds of appeal:
"This appeal is against the order passed u/s. 250 by Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi and relates to Assessment Year 2018-19
1) The learned Commissioner of Income-tax (Appeals) erred in confirming the disallowance of the employees' contribution to provident fund amounting to Rs. 2,82,895/- under section 36(1)(va) of the Act solely based on the tax audit report uploaded by the Tax Auditor.
2) Both the lower authorities erred in deciding a debatable issue in proceedings under section 143(1) of the Act.
3) Without prejudice to grounds 1 and 2, the learned Commissioner of Income tax (Appeals) erred in confirming the disallowance under section 36(1)(va) of the Act, even though, as per the disclosure in Tax audit report, the amount was credited to the fund before the end of the relevant financial year.
4) The learned Commissioner of Income tax (Appeals) erred in ignoring the fact that the amendment made to Section 36(1)(va) is prospective and applies w.e.f. April 1, 2021.
5) The learned Commissioner of Income Tax (Appeals) erred in confirming levy of interest The Appellant denies its liability to any interest under section 234B & 234C of the Act."
2. Brief facts of the case are that the assessee-company filed its return of income u/s. 139(1) on 31-03-2018 declaring total income at Rs. 6,34,38,721/- under the normal provisions. The said return was processed u/s. 143(1) of the Act at C.P.C., Bangalore in which the adjustment of Rs. 2,82,895/- was made to the return on account of deemed income u/s. 36(1)(va) r.w.s. 2(24)(x) of the act for late deposit of employee's contribution to P.F. and E.S.I. in accordance with timelines as specified in statutes governing P.F. and E.S.I. respectively.
3. Against this intimation dated 24-03-2019, assessee filed an appeal before the Ld. CIT(A)-5, Mumbai on 17.03.2020. The Ld. CIT(A)(NFAC) also confirmed the intimation processed u/s. 143(1). Against this order of NFAC, assessee appellant instituted an appeal before Income Tax Appellant Tribunal raising total 5 grounds of appeal.
4. All the grounds are interrelated hence disposed off simultaneously by common finding. We have gone through the intimation processed u/s. 143(1)(a) and order passed by the Ld. CIT(A) u/s. 250 of the Act. While deciding the issue we have gone through the paper book dated 10th MAY 2022 filed by the assessee before the ITAT and both the lower authorities.
5. Ld. CIT(A) while deciding this issue has relied upon the reporting of the tax auditor wherein, he simply reported about the due dates of payment under the P.F., E.S.I. and other fun........