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2018 (12) TMI 311 - AT - Income TaxAddition on payment made towards Employee Contribution to Provident Fund after specific due date - scope of amendment to Sec. 43B - Held that:- It is an admitted fact, that though the assessee had deposited the employees contribution to provident fund beyond the time period allowed under the PF act, however, the said amounts were paid before the ‘due date’ of filing of the return of income by the assessee under Sec. 139(1) of the Act. We are unable to accept the observations of the lower authorities, that the provisions of Sec. 43B would not be applicable as regards the employees contribution to provident fund, and the same would continue to be governed by Sec. 36(1)(va) r.w.s. 2(24)(x) of the Act. We find that the issue under consideration is squarely covered by the judgment of the Hon’ble High Court of Bombay in the case of CIT Central, Pune Vs. Ghatge Patil Transports Ltd. (2014 (10) TMI 402 - BOMBAY HIGH COURT) clearly observed that both employees and employers contribution would be covered under the amendment to Sec. 43B of the Act - Disallowance to be deleted - Decided in favour of assessee.
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