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Understand the scope of section 143(1)(a) for delayed deposit of PF/ESIC contributions under ITAT Mumbai-P.R. Packaging Service v ACIT (Mum.)(Trib.) (ITA No. 2376/Mum/2022),
In this case employee’s contribution to PF was not deposited before due date mentioned in Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. Hence, impugned amount has been rightly disallowed by AO.
ITAT Mumbai ruled on 07/12/2022 in the case of P R Packaging Service Vs ACIT (ITAT Mumbai) Appeal No. ITA 2376/Mum/2022 on employee’s contribution to Provident Fund. Find out the ruling!
The employees who had retired prior to 1st September 2014 without exercising any option under paragraph 11(3) of the pre-amendment scheme have already exited from the membership there f. They would not be entitled to the benefit of this judgment.
DCIT Vs Automac Diesels (ITAT Bangalore) ITAT held that addition can be made in respect of the employees’ contribution in regard to PF/ESI, which has not been deposited within the stipulated date as per the respective Act, since in the case on hand, the assessee has not deposited the employees, contribution within the due date […]
Delayed employees PF remittance Supreme Court decision in Checkmate Services – Under s.143(1), power to disallow. Tribunal decisions divergent.
Held that the disallowance of employees contribution to Provident Fund paid before filing income tax return u/s 139(1), based on the statement made in the Tax Audit Report is not permissible u/s. 143(1)(a) as did not fall within the ambit of prima-facie adjustments.
Provident fund is a scheme intended to give substantial benefits to an employee at the time of his retirement. Under this scheme, a specified sum is deducted from the salary of employee and also same amount is contributed by employer as a contribution towards the fund.
ITAT Bangalore held that the employees contribution to PF and ESI should be remitted before the due date as per explanation to section 36(1)(va) of Income Tax Act for it to be allowable under Section 43B of the Income Tax Act.
SC held that the provisions of section 43B would not apply to the provisions of section 36(1)(va) of the Act in respect of employees contribution.