The Tax Publishers2020 TaxPub(DT) 3736 (Ahd-Trib)

section 36(1)(va)

Employees' contribution towards ESIC paid beyond due date as specified under relevant Act could not be allowed as deduction.

Business deduction under section 36(1)(va) - Employees' contribution towards ESIC - Payment beyond due date under relevant Act -

Assessee claimed deduction under section 36(1)(va) in respect of payment of employees' contribution towards ESIC. AO disallowed deduction on account of payment made beyond due date under relevant Act. Held: Employees' contribution towards ESIC paid beyond due date as specified under relevant Act could not be allowed as deduction and same was to be added to total income of assessee under section 2(24)(x)

Applied:M/s. Checkmate Facility and Electronics Solutions Pvt. Ltd. v. DCIT reported in Tax Appeal No. 1256 of 2018 : 2018 TaxPub(DT) 6737 (Guj-HC)

REFERRED :

FAVOUR : Against the assessee

A.Y. : 2015-16


INCOME TAX ACT, 1961

section 36(1)(iii)

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