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2021 (9) TMI 223 - AT - Income TaxDelayed payment of employees’ contribution to PF & ESI - addition confirmed ignoring that they were paid before the due date of filing of the return of income - Held that:- As decided in Nipso Polyfabriks Ltd. [ 2012 (11) TMI 592 - HIMACHAL PRADESH HIGH COURT] if the employer does not deposit such contributions within the time prescribed by the respective Acts, the employer may face criminal case and become liable to pay fine or penalty, but that cannot be the reason to deny the benefit of section 43B of the Act, which contemplates that the assessee can take the benefit of such contributions if the same are paid before furnishing the return of income - thus we hold that employees contribution to PF & ESI remitted before the due date of filing of return u/s 139(1), will be allowable as deduction - Decided in favour of assessee.
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