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| The Tax Publishers2020 TaxPub(DT) 4932 (Hyd-Trib) INCOME TAX ACT, 1961
Section 36(1)(va)
Employees' contribution to ESI and PF, though not paid within due date as prescribed under section 36(1)(va) but such dues were paid before due date of filing of return of income as prescribed under section 139(1), was allowable as deduction.
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Business deduction under section 36(1)(va) - Employees' contribution to PF/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 to PF and ESI. AO disallowed deduction on the ground of payment beyond due date under relevant Acts. Held: Employees' contribution to ESI and PF, though not paid within due date as prescribed under section 36(1)(va) but such dues were paid before due date of filing of return of income as prescribed under section 139(1), was allowable as deduction.
Followed:KLR Industries Ltd. v. Dy. CIT (2017) 83 Taxmann.com 322 (Hyd) : 2015 TaxPub(DT) 2974 (Hyd-Trib).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. :
INCOME TAX ACT, 1961
Section 143(3)
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