The Tax PublishersITA No. 2393/PUN/2017
2019 TaxPub(DT) 5167 (Pune-Trib)

INCOME TAX ACT, 1961

Section 43B, Proviso Section 36(1)(va)

Though payment towards Employees' contribution to Provident Fund Scheme was made beyond due date under relevant statute but payment was made within due date of filing return under section 139(1), therefore, no disallowance could be made in view of proviso to section 43B.

Business deduction under section 36(1)(va) - Employees' contribution to Provident Fund Scheme - Payment beyond prescribed due date but within due date under section 139(1) -

Assessee claimed deduction of payment made towards Employees' contribution to Provident Fund Scheme. AO disallowed deduction on the ground of payment made by assessee beyond due date under relevant Act.Held: Though payment towards Employees' contribution to Provident Fund Scheme was made beyond due date under relevant statute but payment was made within due date of filing return under section 139(1), therefore, no disallowance could be made in view of proviso to section 43B.

Relied:CIT v. Ghatge Patil Transports Ltd. (2014) 368 ITR 749 (Bom) : 2014 TaxPub(DT) 4175 (Bom-HC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2013-14


INCOME TAX ACT, 1961

Section 92C

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