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| The Tax Publishers2019 TaxPub(DT) 3043 (Kol-Trib) INCOME TAX ACT, 1961
Section 36(1)(va) Section 43 proviso
PF and ESI dues paid beyond due date specified in relevant enactments but within due date of filing return of income under section 139(1) could not be disallowed in view of proviso to section 43B.
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Business deduction under section 36(1)(va) - PF and ESI dues - Payment beyond due dates under relevant enactments but within due date under section 139(1) -
Assessee-company claimed deduction of PF and ESI dues paid within due date of filing return of income under section 139(1). AO disallowed deduction on the ground that payment was made beyond due date specified in relevant enactment. Held: As payments in question were made prior to due date of filing return of income under section 139(1) no disallowance could be made in view of proviso to section 43B.
REFERRED :
FAVOUR : In assessee's favour
A.Y. : 2013-14
INCOME TAX ACT, 1961
Section 35(1)(ii)
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