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2019 (6) TMI 1223 - HC - Income TaxAllowability of deduction for payment EPF, LWF and ESI after due date of respective Act u/s 36(1)(va) - Non remittance of employees' contribution and not employers' contribution - HELD THAT:- In the light of the aforesaid dictum laid down by the Division Bench of this Court in Popular Vehicles and Services [2018 (8) TMI 133 - KERALA HIGH COURT] hold that, in order to claim the benefit of deduction under Section 36(1)(va) of the Act, payment of employees' contribution to Employees' Provident Fund, Labour Welfare Fund and Employees' State Insurance has to be made before the due date prescribed under the relevant statute. The substantial question of law is answered in favour of the revenue and against the assessee. The Tribunal has found that payments have to be made only before the due date prescribed u/s 139(1) for filing return of income to claim the benefit u/s 36(1)(va). The finding of the Tribunal in this regard is liable to be set aside. Moreover, the Tribunal has directed that the issue regarding deduction u/s 36(1) (va) has to be reconsidered by the assessing officer. In the instant case, the assessee has got no plea that the remittance of employees' contribution to Employees' Provident Fund, Labour Welfare Fund, Employees' State Insurance had been made before the due date prescribed in the respective enactments. Therefore, the direction given by the Tribunal remitting this issue for reconsideration by the assessing officer is also liable to be set aside. Sale of old and unyielding rubber trees - whether exigible to tax in the light of Rules 7 and 7A of the Income Tax Rules? - sale proceeds of grevellea trees can be treated as capital gains and brought to tax or not? - Whether the provision for gratuity can be added in computing the income u/s 115JB - HELD THAT:- Questions are covered by the decision of the Division Bench of this Court in Commissioner of Income Tax v. Harrisons Malayalam Limited [2019 (1) TMI 1359 - KERALA HIGH COURT] against the revenue.
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