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2023 (4) TMI 364 - ITAT JAIPURDisallowance of employee contribution of PF and ESI - distinction between employer's contribution which is its primary liability under law [in terms of Section 36(1)(iv)] and its liability to deposit amounts received by it or deducted by it from its employees' [in terms of Sec. 36(1)(va)] - HELD THAT:- As there is a marked distinction between the nature and character of the two contributions - the employer's liability is to be paid out of its income whereas the second is deemed to be an income, by definition, since it is the deduction from the employees' income and held in trust by the employer. This marked distinction has to be borne while interpreting the obligation of every assessee under Section 43B. If the same is not deposited as per mandate of Sec. 36(1)(va), the deduction of the same would not be available to the assessee. Thus, this issue stands in favor of revenue and we respectfully follow the same. Respectfully following the recent decision of Checkmate Services P. Ltd.[2022 (10) TMI 617 - SUPREME COURT] and considering our findings and adjudication in preceding paragraphs, the impugned disallowances stand confirmed. Appeal of the assessee is dismissed.
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