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Delayed Payment of Employees’ Contribution to PF not allowable U/s 43B
Case Law Details
- Case Name
- The Commissioner of Income Tax, Cochin Vs M/s South India Corporation Ltd. (Kerala High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 1992-93
- Courts
- All High Courts, Kerala High Court
Shivali Bardoliya
Brief of the Case:
It was held in the case of CIT v/s South India Corporation Ltd. by Kerla High Court That the assessee is not entitled to claim deduction of the belated payments to the Provident Fund in view of the section 36(1)(va) and 43B of the Income tax Act.
Brief facts of the case:
The assessee has paid Provident fund amount of Rs. 7,69,232/- after the prescribed due date. The department took the stand that the assessee is not entitled to deduction on the ground that the payment has not been made on the due date as defined in the Section 36(1)(va) of the Act.
Questio...
Thanks for uploading the judgement, this judgment refers to AY 1992-93, we need to see the cases post amendment to Section 43 B
if PF remitted before filing of return den it will allowed. CIT vs Kichha Sugars