The Tax Publishers2020 TaxPub(DT) 0093 (Ctk-Trib)

INCOME TAX ACT, 1961

Section2(24)(x) Section 36(1)(va)

If employees' contribution to PF was found to be deposited by assessee before due date of filing return of income under section 139(1), assessee would be entitled to deduction terms of section 36(1)(va).

Business deduction under section 36(1)(va) - Employees' contribution to PF - Payment beyond due date under relevant Act - Assessee pleading to have made payment within due date under section 139(1)

Assessee claimed deduction under section 36(1)(va) of payment made on account of employees' contribution to PF. AO denied deduction on the ground of payment beyond due date under relevant Act. Assessee pleaded to have made payment within due date under section 139(1).Held: Matter was remanded to AO to examine contributions made with reference to dates when same were actually made. If employees' contribution to PF was found to be deposited by assessee before due date of filing return of income under section 139(1). Assessee would be entitled to deduction terms of section 36(1)(va).

Supported by:CIT v. Bharat Hotels ltd. (2019) 103 Taxmann.com 295 (Del) : 2018 TaxPub(Dt) 5987 (Del-HC).

REFERRED :

FAVOUR : Matter remanded.

A.Y. : 2010-2011

INCOME TAX ACT, 1961

Section14A Rule 8D

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