TMI Blog2023 (4) TMI 797X X X X Extracts X X X X X X X X Extracts X X X X ..... s contribution is linked to payment before the due dates specified in the respective Acts and employer's contribution is linked to the payment before the prescribed due date for filing of return u/s. 139(1) of Income Tax Act, 1961. The result of any failure to pay within the prescribed dates also leads to different results. In the case of employee's contribution, any failure to pay within the prescribed due date under the respective PF Act or Scheme will result in negating employer's claim for deduction permanently forever u/s.36(1)(va). On the other hand, delay in payment of employer's contribution is visited with deferment of deduction on payment basis u/s.43B and is therefore not lost totally. Therefore, as per the abo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent year 2018-19 while processing the return by CPC u/s 143(1) of the Act. The assessee has also raised additional grounds along with a petition in assessment year 2017-18 stating as follows:- 1. The ld. CIT(A) failed to appreciate that the addition made by the ld. AO by invoking the provisions of section 143(1) of the Act is without jurisdiction and not applicable to the facts and circumstances of the case of the appellant. 2. The appellant craves leave of this Hon ble Tribunal, to add, alter, delete, amend or substitute any or all of the above grounds of appeal as may be necessary at the time of hearing. 3. For these and other grounds that may be urged at the time of hearing of appeal, the appellant prays that the appeal ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of delayed Employee PF Contribution payment in hands of assessee under provisions of Income Tax Act and held that Section 36(1)(va) and Section 43B(b) operate on totally different equilibriums and have different parameters for due dates, i.e., employee's contribution is linked to payment before the due dates specified in the respective Acts and employer's contribution is linked to the payment before the prescribed due date for filing of return u/s. 139(1) of Income Tax Act, 1961.The result of any failure to pay within the prescribed dates also leads to different results. In the case of employee's contribution, any failure to pay within the prescribed due date under the respective PF Act or Scheme will result in negating e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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