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The Tax Publishers2021 TaxPub(DT) 4471 (Ahd-Trib) INCOME TAX ACT, 1961
Section 36(1)(va)
Assessee had not deposited contributions received from employees towards ESI within due date as prescribed in the ESI Act and, therefore, in view of specific provision of section 36(1)(va) read with section 2(24)(v), disallowance made by AO was justified.
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Business deduction under section 36(1)(va) - Employees' contributions ot ESI - Delayed payment -
Assessee claimed deduction under section 36(1)(va) as regards employees' contribution towards ESI. AO disallowed deduction on account of delayed payment. Held: Assessee had not deposited contributions received from employees towards ESI within due date as prescribed in the ESI Act and, therefore, in view of specific provision of section 36(1)(va) read with section 2(24)(v), disallowance made by AO was justified.
Relied:CIT v. Gujarat State Road Transport Corporation (2014) 265 CTR 64 (Guj-HC) : 2014 TaxPub(DT) 1235 (Guj-HC).
REFERRED :
FAVOUR : Against the assessee.
A.Y. : 2013-14 & 2015-16
INCOME TAX ACT, 1961
Section 14A Section 115JB
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