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| The Tax Publishers2020 TaxPub(DT) 4031 (Bang-Trib) INCOME TAX ACT, 1961
Section 36(1)(va)
Though employees' contribution to PF was deposited beyond due date under relevant Act, however, payment was made within due date under section 139(1) and, therefore, no disallowance could be made in view of proviso to section 43B.
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Business deduction under section 36(1)(va) - Employees' contribution to PF - Payment beyond due date under relevant Act but within due date under section 139(1) -
Assessee claimed deduction on account of payment made towards employees' contribution to PF. AO disallowed deduction on account of payment beyond due date under relevant Act. Held: Though employees' contribution to PF was deposited beyond due date under relevant Act, however, payment was made within due date under section 139(1) and, therefore, no disallowance could be made in view of proviso to section 43B.
Followed:CIT v. Sabari Enterprises (2008) 298 ITR 141 (Karn-HC) : 2008 TaxPub(DT) 782 (Karn-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2011-12 & 2012-13
INCOME TAX ACT, 1961
Section 43A
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