No Alternative Claim for Late EPF & ESI Payment under Section 37(1)

Cognizant Technology Solutions India Pvt. Ltd. Vs ACIT (ITAT Chennai) In a significant judgment, the Income Tax Appellate Tribunal (ITAT) Chennai ruled in the case of Cognizant Technology Solutions India Pvt Ltd Vs ACIT that late payment of Employee’s Provident Fund (EPF) and Employee’s State Insurance (ESI) contributions could not be claimed alternatively under Section 37(1) of the Income Tax Act. The Tribunal stated that the provisions of Section 37(1) were residuary and that any expenditure that fell within the ambit of sections 30 to 36 could not be claimed alternatively under ...