The Tax Publishers2020 TaxPub(DT) 1015 (Del-Trib)

INCOME TAX ACT, 1961

Section 43B

Assessee was not entitled to deduction under section 36(1)(va) claimed on account of deposit of employees' contribution towards PF after due date though same was deposited before filing of return.

Business deduction under section 36(1)(va) - Payment of employee's contribution to PF beyond due date - Assessee pleading payment within due date under section 139(1) -

AO disallowed deduction under section 36(1)(va) on account of delay in deposit of employees' contribution to provident fund. CIT(A) deleted disallowance on the ground that assessee had made payment before filing of return of income. Held: Assessee was not entitled to deduction under section 36(1)(va) claimed on account of deposit of employees' contribution towards PF after due date though same was deposited before filing of return.

Followed:Eagle Trans Shipping & Logistics (India) (P) Ltd. v. ACIT (2019) 178 ITD 849 (Del) : 2019 TaxPub(DT) 6948 (Del-Trib)

REFERRED :

FAVOUR : Against the assessee

A.Y. : 2010-11, 2011-12

INCOME TAX ACT, 1961

Section 36(1)(iii)

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