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| The Tax Publishers2019 TaxPub(DT) 6040 (Guj-HC) INCOME TAX ACT, 1961
Section 36(1)(va) read with Section 2(24)(x)
Where assessee did not deposit employees' contribution towards PF and ESIC before the due date prescribed in Explanation to section 36(1)(va), no deduction under section 36(1)(va) read with section 2(24)(x) would be admissible to the assessee.
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Business deduction under section 36(1)(va) - Employees' contributions to PF and ESI - Delay in payment -
Issue under consideration was whether Tribunal was right in law in confirming the disallowances under section 36(1)(va) read with section 2(24)(x) with respect to late payment of employees' contributions towards PF and ESIC into the Government treasury. Held: Since assessee did not deposit employees' contributions towards PF and ESIC before the due date prescribed in Explanation to section 36(1)(va), no deduction under section 36(1)(va) read with section 2(24)(x) would be admissible to the assessee.
Followed:CIT v. Gujarat State Road Transport Corporation (2014) 366 ITR 170 (Guj): 2014 TaxPub(DT) 1235 (Guj-HC)
REFERRED :
FAVOUR : Against the assessee
A.Y. :
INCOME TAX ACT, 1961
Section 36(1)(va)
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