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2014 (3) TMI 942 - HC - Income TaxAllowability of deduction – Delayed payment of PF & ESIC - Whether the Tribunal was right in upholding the payment of PF & ESIC made beyond due dates the filing of ROI are allowable as deduction – Held that:- The decision in Commissioner of Income-Tax vs. Alom Extrusions Ltd. 2009 (11) TMI 27 - SUPREME COURT] followed - Employer’s contribution to such funds is decided in favour of assessee - employee’s contribution is provident fund and ESIC is concerned – the decision in Commissioner of Income-tax vs. Gujarat State Road Transport Corporation [2014 (1) TMI 502 - GUJARAT HIGH COURT] followed – By deleting Second Proviso to section 43B by Finance Act, 2003, it cannot be said that Section 36(1) (va) is amended and/or explanation below clause (va) of sub-section (1) of section 36 is deleted, which is with respect to employees' contribution – Decided partly in favour of Revenue.
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