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| The Tax Publishers2021 TaxPub(DT) 2580 (Ahd-Trib) INCOME TAX ACT, 1961
Section 36(1)(va)
Where assessee had paid employees' contributions towards PF and ESIC beyond the period prescribed in specified Act, following the decision of High Court in the case of Gujarat State Road Transport Corporation(2014) 366 ITR 170 (Guj) : 2014 TaxPub(DT) 1235 (Guj-HC), there was no infirmity in the decision of CIT(A) upholding the addition made by AO.
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Business deduction under section 36(1)(va) - Late payment of employees' contributions towards Provident Fund (PF) and Employees' State Insurance Corporation (ESIC) - -
During the course of assessment, AO noticed that assessee had deposited employees' contribution towards provident fund and employees' contribution towards ESIC beyond the period prescribed in the specified Act. Consequently, AO had disallowed an amount pertaining to employees contribution towards EPF and ESIC under section 36(1)(va). CIT(A) dismissed the appeal of assessee. Held: It was undisputed fact that assessee had paid employees contribution towards PF and ESIC beyond the period prescribed in specified Act. Therefore, following the decision of High Court in the case of Gujarat State Road Transport Corporation(2014) 366 ITR 170 (Guj-HC) : 2014 TaxPub(DT) 1235 (Guj-HC) , there was no infirmity in the decision of CIT(A) upholding the addition made by AO.
Followed:CIT v. Gujarat State Road Transport Corporation (2014) 366 ITR 170 (Guj-HC) : 2014 TaxPub(DT) 1235 (Guj-HC).
REFERRED :
FAVOUR : Against the assessee.
A.Y. : 2014-15
INCOME TAX ACT, 1961
Section 40(a)(ia)
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