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2021 (2) TMI 527 - AT - Income TaxEmployees contribution disallowed applying the provisions of section 36(i)(va) and section 43B - AO rejected the contention of the assessee and stated that due date means the date for deposit of the above contribution is the dates mentioned in the respective PF and State Insurance Act - HELD THAT:- In this case is that whether the amount of employee’s contribution deposited beyond the due date prescribed in the respective provident fund laws is allowable to the assessee as a reduction or not. In case of CIT Vs. Aimil Ltd 2009 (12) TMI 38 - DELHI HIGH COURT wherein, it has been held that the payment of even employees contribution before the due date of filing of return of income is allowable as deduction to the assessee despite all the facts that such contribution has not been deposited within the due date prescribed under the respective Provident Fund Laws. In view of this, we find that disallowance made by the lower authorities is not sustainable in law. Assessee is allowed and the ld AO is directed to delete the disallowances - Decided in favour of assessee.
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