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PF / EPF, CPF, GPF etc. paid after due date but before ROI, cannot be disallowed u/s 43B or 36(1)(va)
Case Law Details
- Case Name
- ACIT Vs M/s Supersonic Turner Pvt. Ltd. (ITAT Jaipur)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2009-10
- Courts
- All ITAT, ITAT Jaipur
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Brief of the case:
PF / EPF, CPF, GPF etc. paid after due date but before ROI, cannot be disallowed u/s 43B or 36(1)(va)
In the case of ACIT Vs. M/s Supersonic Turner Pvt. Ltd., Jaipur Bench of ITAT have held that where ESI/PF received from the employees was deposited late but before the due date of filing return of income u/s 139 (1) the amount cannot be disallowed u/s 43B or 36 (1) (va).
Besides this ITAT also decided issues related to concealed sale and concealed sale of scrap on basis of difference between 26AS and P&L Account or ER-1 return.
Facts of the case:
Asses...
HIGHCOURT BOMBAY I.I.APPEALNO399/12 P.F. E.P.F CONTRIBUTION ALLOWED AFTER THE DUE DATE PAYMENT IN GUJRAT TILL DATE NOT CONSIDER THIS ORDER WHY, MAY ALSO APPLY THROUGH OVER INDIA AS PER I.T.ACT APPLICABLE IN ALL INDIA SAME.
DisallowanceU/S36(va) is a misnomer.Sec 2(24)Needs to be amended.Till then the controversy will continue despite any decissions