The Tax Publishers2020 TaxPub(DT) 1696 (Kol-Trib)

INCOME TAX ACT, 1961

Section 36(1)(va) Section 43B, Proviso

Though PF and ESI contribution(s) was paid beyond due date under relevant Act, however, payment was made within due date under section 139(1), therefore, no disallowance could be made in view of proviso to section 43B.

Business deduction under section 36(1)(va) - Employer's contribution towards PF and ESI - Payment beyond due date under relvant Act but within due date under section 139(1) -

Assessee-company claimed deduction of contribution made towards PF and ESI. AO disallowed deduction on the ground of payment beyond due date under relevant Acts.Held: Though PF and ESI contribution(s) was paid beyond due date under relevant Act, however, payment was made within due date under section 139(1), therefore, no disallowance could be made in view of proviso to section 43B.

Followed:CIT v. Vijay Shree Ltd. ITA No. 245 of 2011, GA No. 2607 of 2011 : 2014 TaxPub(DT) 4825 (Cal-HC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2009-10 to 2013-14 & 2015-16

INCOME TAX ACT, 1961

Section 69B

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