Applicability of amended Section 43B on employees contribution to PF

High Volt Electricals (P.) Ltd. Vs ACIT (ITAT Mumbai)

Since both the employee’s and employer’s contribution to Provident Fund was covered under the amended provision of section 43B, therefore Employees contribution to Provident fund (EPF), beyond the due date stipulated under the Provident Fund Act but before the due date of filing return of income under section 139(1) could not be disallowed by invoking section 43B of Income Tax Act, 1961.

FULL TEXT OF THE ITAT JUDGMENT

The present appeal filed by the assessee for A.Y. 2013-14 is directed against the order passed by the Commissioner of Income Tax (Appeals)-3, Thane, dated 25.04.2017, which in turn arises from the order passed by the A.O under Sec. 143(3) of the Income-tax act, 1961 (for short ‘Act’), dated 29.02.2016. The assessee assailing the order of the CIT(A) has raised before us the following grounds of appeal:-

“1. Employees Contribution to Provident Fund of Rs. 6,30,867/-

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