The Tax Publishers2020 TaxPub(DT) 2850 (Bang-Trib)

INCOME TAX ACT, 1961

Section 36(1)(va)

Employees' contribution towards PF and ESI though paid beyond due date under relvant Acts, however, within due date under section 139(1) were duly deductible.

Business deduction - Under section 36(1)(va) - Employees' contribution towards PF and ESI - Payment beyond due date under relevant Acts but within due date under section 139(1)

Assessee claimed deduction of payment made towards employees' contribution towards PF and ESI. AO disallowed deduction on the ground of payment beyond due date under respective Acts.Held: Though employes' contribution towards PF and ESI were not paid beyond due date under relevant Acts, however, such contributions were paid by assessee within due date for furnishing the return of income under section 139(1), and therefore, no disallowance could be made.

Relied:CIT v. Sabari Enterprises (2008) 213 CTR 269 (Karn) : 2008 TaxPub(DT) 782 (Karn-HC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2013-14


INCOME TAX ACT, 1961

Section 92C

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