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| The Tax Publishers2020 TaxPub(DT) 0042 (Ahd-Trib) INCOME TAX ACT, 1961
Section 43B Section 36(1)(v)
Where contribution of PF and ESI was delayed deposited, in terms of relevant date prescribed under law, the disallowance made under section 43B by lower authorities was, therefore, justified.
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Business disallowance under section 43B - Tax, duty, cess, etc. - Contribution on account of Employees' Provident Fund and Employees State Insurance Corporation - Delay in payment of PF and ESI contribution
Claim of the assessee as it appeared from the records, was rejected by the AO on the ground that the same was not paid on or before prescribed due date. The AO, therefore, added the same as it was not allowable under section 43B. The same was further confirmed by the CIT(A).Held: The issue had already been decided against the assessee in terms of the ratio laid down by the jurisdictional High Court in the case of Gujarat State Road Transport Corporation (GSRTC) (2014) 41 Taxmann.com 100 (Guj) : 2014 TaxPub(DT) 1235 (Guj-HC). Hence, there was no merit in this ground of appeal preferred by the assessee.
Followed:Gujarat State Road Transport Corporation (GSRTC) (2014) 41 Taxmann.com 100 (Guj) : 2014 TaxPub(DT) 1235 (Guj-HC).
REFERRED :
FAVOUR : Against the assessee.
A.Y. : 2011-12
INCOME TAX ACT, 1961
Section 32(1) Section 28(i)
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