CA, CS, CMA : Stay informed with February 2024 legal obligations & updates in India. From Income Tax to GST, understand forms, filing dates, & s...
Corporate Law : Learn the distinctions between EPF and ESIC, including eligibility, contributions, benefits, and compliance requirements. Ensure c...
Corporate Law : Delve into the nuances of Provident Fund (PF) and Employee State Insurance Corporation (ESIC) schemes in India. Learn about eligib...
Income Tax : Explore the legal intricacies of Income Tax Act's Section 36(1)(va) and Section 43B, the debates on retrospectivity, and the impac...
Corporate Law : Learn how to file ESIC returns with precision. Explore the process, mandatory documents, benefits, and compliance essentials for a...
Company Law : Explore the challenges faced by newly incorporated companies regarding mandatory ESI and EPF registrations in India, with proposed...
Corporate Law : As we all know that registration on Sham Suvidha Portal for new Companies was discontinued w.e.f. 15.02.2020 and thereafter, Compa...
Corporate Law : Through the coordinated efforts of Government, Private Institutions, Civil Society, NGOs and Private Citizens overcame the health ...
Corporate Law : 1. Family pension benefit extended to those who have died under Covid. 2. Dependent family members entitled to pension equal to 90...
Corporate Law : ESIC extends date for filing of ESI contribution for the month of April, 2021 The country is dealing with a very challenging situa...
Income Tax : Learn about the ruling by ITAT Kolkata stating no deduction can be claimed if employees' contributions deducted from salaries were...
Income Tax : Explore the legal dispute between Kaarya Facilities and ITO over the interpretation of Section 36(1)(va). Due date for wages under...
Income Tax : Read the full text of the order of ITAT Pune regarding the disallowance of late deposit of Employees’ share of PF and ESIC by Ko...
Income Tax : Read how ITAT Chennai directs re-adjudication in the dispute over remittance of employees' contributions towards Provident Fund an...
Income Tax : Explore the Mumbai ITAT's ruling on disallowing contributions to Provident Fund and ESIC if not deposited within due dates, impact...
Corporate Law : Explore the latest amendment to the Employees' State Insurance Rules 1950, raising the threshold from INR 5 to 25 crores. Get insi...
Corporate Law : The establishment M/s Radhika Theatre, situated at Warangal, Telangana was covered under ESI Act w.e.f. 16.01.1981 on the basis of...
Corporate Law : ESIC notifies that Companies who have obtained ESI number through MCA portal, are now required to apply for ‘dormant’ ...
Corporate Law : Online submission of Maternity Claim has been deployed. The I.W. whose UAN number has been seeded in the system, can claim for Mat...
Corporate Law : Keeping in view the problems being faced by the Employers in depositing ESI contribution for the contribution period March 2022, t...
Article contains recent 29 Judgment on the issue of Disallowance towards employees’ contribution towards ESI and PF for failure to pay the same within the prescribed due date under the relevant Statute. Sl no Case Reference Issue Decision – Summarised 1 Jagmohan Singh Vs DCIT (ITAT Chandigarh), Appeal Number : ITA Nos. 185 & 193/Chd/2021, […]
Skava Electric Pvt. Ltd. Vs ACIT/DCIT (ITAT Bangalore) ITAT held that assessee would be entitled to deduction of employees’ contribution to PF and ESI provided that the payments were made prior to the due date of filing of the return of income u/s 139(1) of the I.T.Act. It was further held by the ITAT that […]
Explanatory memorandum to the Finance Act, 2021 proposing amendment in section 36(1)(va) as well as section 43B is applicable only from 01.04.2021. These provisions impose a liability on an assessee and therefore cannot be construed as applicable with retrospective effect unless the legislature specifically says so. In the decisions referred to by us in the earlier paragraph of this order on identical issue the tribunal has taken a view that the aforesaid amendment is applicable only prospectively i.e., from 1.4.2021.
Navrathan Jewellers Pvt. Ltd. Vs ADIT (ITAT Bangalore) Explanatory memorandum to the Finance Act, 2021 proposing amendment in section 36(1)(va) as well as section 43B is applicable only from 01.04.2021. These provisions impose a liability on an assessee and therefore cannot be construed as applicable with retrospective effect unless the legislature specifically says so. In […]
Hon’ble Supreme Court, in M/s Texmo Industries Vs. ESIC held that the payment of Conveyance Allowance on the fact of present case does not fall under the definition of term ‘wages’ as defined in section 2(22) of the ESI Act.
Employees’ State Insurance Corporation hereby notifies its decision to extend Atal Beemit Vyakti Kalyan Yojana for a period 01.07.2021 to 30.06.2022 with enhanced rate of relief and relaxed eligibility conditions as notified in the Gazette of India, (Extraordinary), Part III – Section – 4 (Sl. No. 436) dated 16.10.2020. and Sl. No. 15 dated 11.01.2021.
Now it has been provided that the due date in section 43B is of no consequence to judge the applicability of provisions of section 36[1][va]of the Act and that too with effect from 01.04.2021.
Transport Corpn. of India Ltd. Vs Employees State Insurance Corpn. (Supreme Court of India) Non-challenge of validity of Regulation 31-A confirms interest demand under the same Facts- The subject matter of the present dispute is demand made by the Employees State Insurance Corporation by way of contribution payable by the appellant for the period from […]
Addition on account of deposits of employees’ contribution of ESI and PF prior to the filing of return of income u/s 139(1) could not be disallowed under section 43B read with section 36(1)(va) if the same was prior to the amendment made by the Finance Act, 2021 w.e.f. 1.4.2021 vide Explanation 5.
Analysis of Issue of late deposit of ESI and EPF by Assessees us 36(1)(va) of Income Tax Act, 1961 1. Provision of Section 36(1) (va) any sum received by the assessee from any of his employees to which the provisions of sub-clause (x) of clause (24) of section 2 apply, if such sum is credited […]