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| The Tax Publishers2021 TaxPub(DT) 2131 (Jp-Trib) INCOME TAX ACT, 1961
Section 36(1)(va) Section 43B, Proviso
Though employees contribution to ESI and PF was paid beyond due date under relevant Acts, however, payment was made before due date of filing of return of income 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 towards ESI & PF - Payment made beyond due date under relevant Acts but within due date under section 139(1). -
Assessee claimed deduction on account of Employees Contribution towards ESI & PF. AO disallowed deduction on account of payment beyond due date under relevant Acts. Held: Admittedly, employees contribution to ESI and PF had been paid before due date of filing of return of income under section 139(1) and, therefore, no disallowance could be made in view of proviso to section 43B.
Followed:K.S. Automobiles Pvt. Ltd. v. ITO [ITA No. 1184 & 1185/JP/18, dated 8-3-2019] and Rajasthan Renewable Energy Corporation Limited, Jaipur for assessment years 2012-13, 2010-11 and 2011-12 in .ITA Nos. 10/2018, 11/2018 and 12/2018, dated 13-3-2018.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2014-15
INCOME TAX ACT, 1961
Section 37(1)
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