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| The Tax Publishers2021 TaxPub(DT) 3834 (Ahd-Trib) : (2021) 190 ITD 0551 INCOME TAX ACT, 1961
Section 36(1)(va)
As assessee failed to deposit Employees' Contribution to PF/ESI within due date specified under the relevant Act, i.e., PF/Employees State Insurance, therefore, assessee was not entitled to deduction for such amount of contribution to PF/ESI.
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Business deduction under section 36(1)(va) - Employees' contribution towards PF and ESI - Payment made beyond due date under reelvant Act -
Assessee deposited Employees' Contribution to PF/ESI beyond the due date specified under the relevant Act. Therefore, AO disallowed deduction claimed under section 36(1)(va). Held: There is no ambiguity to the fact that assessee failed to deposit Employees' Contribution to PF/ESI within due date specified under the relevant Act, i.e., PF/Employees' State Insurance. Thus, assessee was not entitled to deduction for such amount of contribution to PF/ESI.
Followed:CIT v. GSRTC (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 36(1)(vii)
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