section 43B

Tax implication on delay deposit of PF/ESIC Contribution:

Income Tax - In the intimation processed u/s 143(1) of Income Tax Act, 1961, the Centralize Processing Center makes addition of income as per the amount reported in certain clauses of Tax Audit Report. Assessee is left with no choice but to go for appeal with higher authorities.  We have noticed that the disallowance includes along various other [&he...

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All about DEFERRED TAX and its entry in books

Income Tax - The word Deferred is derived from the word Deferments which means arranging for something to happen at a later date. Thus, deferred tax is the tax for those items which are accounted in Profit & Loss A/c but not accounted in taxable income which may be accounted in future taxable income & vice versa. The deferred tax may be a liability or...

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Section 36(1)(va) with Section 43B

Income Tax - Section 36(1)(va) with Section 43B Section 36(1) The deductions provided for in the following clauses shall be allowed in respect of the matters dealt with therein, in computing the income referred to in section 28— (va) any sum received by the assessee from any of his employees to which the provisions of sub-clause (x) of […]...

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Section 43B- Deductions allowable on Payment

Income Tax - As a taxpayer, you might be claiming various expenses and exemptions to lower your income tax liability, but do you know that there are certain deductions that you can’t claim unless you have actually paid for them. In this article will understand those deductions and discuss the income tax provisions laid out under Section 43B [&hellip...

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Taxability of Interest on Excess PF Contribution

Income Tax - 1. The Union Budget 2021 has proposed taxing the income on provident fund contributions of over Rs. 2.5 lakh a year. As per clause 5 of Finance Bill 2021, the interest on any contribution above Rs 2.5 lakh by an employee to a recognized provident fund will be taxable from 01 April 2021. 2. Existing […]...

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Section 36(1)(va) Increase Due date for crediting contribution of employees to due date of ROI

Income Tax - specified under the relevant legislation of the fund. The employees contribution credited to the employees account in the relevant fund after the due date specified under section 36(1)(va) are disallowed to the employer. Further, any payments made by the employer after the due date is also NOT allowed as a deduction in the year of payment...

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Provision for Gratuity & Leave Encashment not Allowable

Income Tax - Before 2008-09, deduction towards leave encashment and gratuity was a controversial issue following a Calcutta High Court judgment in the case of Exide Industries. The court ruled in favour of Exide and against the revenue department, saying that such provisions whether paid or not were eligible for deductions on the basis of actuarial va...

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Retention bonus amount paid before due date of filing return of income allowable

Ocwen Financial Solutions (P) Ltd. vs. DCIT (ITAT Bangalore) - As per the proviso to section 43B, the amount paid before the due date for filing return of income out of the provision created is allowable as deduction. Admittedly, assessee had paid a sum out of the provision so created, before the due date for filing return of income....

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ITAT allows Employee’s Contribution to PF/EPF paid after Due Date

Doosan Power Systems India P.Ltd. Vs DCIT (ITAT Chennai) - Doosan Power Systems India P.Ltd. Vs DCIT (ITAT Chennai) We find that issue of belated payment of employees contribution to PF & ESI is allowable expenditure u/s.43B of the Act or not is no longer res integra. The Hon’ble Supreme Court in the case of M/s.Vinay Cements Ltd. (supra) and also in ...

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PF & ESI contribution allowable if Paid before Tax return due date

Shishir Kumar Das Vs DCIT (ITAT Hyderabad) - Shishir Kumar Das Vs DCIT (ITAT Hyderabad) Decision of the Hon’ble Supreme Court in the case of CIT vs. Alom Extrusions Ltd is applicable to both the employer as well as employee’s contribution to Provident Fund and ESI and if the assessee has not remitted the amount collected from the employees...

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Section 43B not applicable on electricity duty collected on behalf of Government

Paschimanchal Vidhyut Vitran Nigam Ltd. Vs DCIT (ITAT Delhi) - Paschimanchal Vidhyut Vitran Nigam Ltd. Vs DCIT (ITAT Delhi) AO noticed that assessee had made assessment of electricity duty of Rs. 5,52,98,00,000/- of which Rs. 3,44,22,00,000/- was adjusted from the subsidy and the balance amount of Rs.2,08,76,00,000/-was not paid by the assessee before filing th...

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Excise Duty related to earlier years allowed under section 43B

DCIT Vs Adani Wilmar Ltd. (ITAT Ahmedabad) - In the instant case, the assessee in the year under consideration has claimed an expense under the head prior period item in its profit and loss account. Such prior period item was representing the excise duty with respect to waste i.e. Spent Earth generated during the manufacturing process. The ass...

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Chapter VIA deduction on enhanced profits after disallowance eligible

Circular No. 37/2016- Income Tax - (02/11/2016) - Disallowances made under sections 32, 40(a)(ia), 40A(3), 43B, etc. of the Act and other specific disallowances, related to the business activity against which the Chapter VI-A deduction has been claimed, result in enhancement of the profits of the eligible business, and that deduction under Chapter ...

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Section 43B: CBDT clarifies Due date for payment of Employee Provident fund

Circular No. 22/2015-Income Tax - (17/12/2015) - Income Tax Circular No. 22/2015 W.c.f. 1.4.1988, the settled position is that if the assessee deposits any sum payable by it by way of tax, duty, ecss or fee by whatever name called under any law for the time being in force, or any sum payable by the assesse as an employer by way of contribution to ...

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The liability to pay sales tax by instalments cannot be treated to be beyond the provisions of section 43B of the Act

(01/01/1970) - Whether the liability has been deferred or not has to be considered not from the simplistic point of the term 'defer' but in context of the incentive scheme for deferral, as is evident from the circular issued by Central Board of Direct Taxes. The subject matter of Circular no.496 dated 25th Septemb...

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Recent Posts in "section 43B"

Retention bonus amount paid before due date of filing return of income allowable

Ocwen Financial Solutions (P) Ltd. vs. DCIT (ITAT Bangalore)

As per the proviso to section 43B, the amount paid before the due date for filing return of income out of the provision created is allowable as deduction. Admittedly, assessee had paid a sum out of the provision so created, before the due date for filing return of income....

Read More

Tax implication on delay deposit of PF/ESIC Contribution:

In the intimation processed u/s 143(1) of Income Tax Act, 1961, the Centralize Processing Center makes addition of income as per the amount reported in certain clauses of Tax Audit Report. Assessee is left with no choice but to go for appeal with higher authorities.  We have noticed that the disallowance includes along various other [&he...

Read More
Posted Under: Income Tax |

ITAT allows Employee’s Contribution to PF/EPF paid after Due Date

Doosan Power Systems India P.Ltd. Vs DCIT (ITAT Chennai)

Doosan Power Systems India P.Ltd. Vs DCIT (ITAT Chennai) We find that issue of belated payment of employees contribution to PF & ESI is allowable expenditure u/s.43B of the Act or not is no longer res integra. The Hon’ble Supreme Court in the case of M/s.Vinay Cements Ltd. (supra) and also in the case of […]...

Read More

All about DEFERRED TAX and its entry in books

The word Deferred is derived from the word Deferments which means arranging for something to happen at a later date. Thus, deferred tax is the tax for those items which are accounted in Profit & Loss A/c but not accounted in taxable income which may be accounted in future taxable income & vice versa. The deferred tax may be a liability or...

Read More
Posted Under: Income Tax | ,

Section 36(1)(va) with Section 43B

Section 36(1)(va) with Section 43B Section 36(1) The deductions provided for in the following clauses shall be allowed in respect of the matters dealt with therein, in computing the income referred to in section 28— (va) any sum received by the assessee from any of his employees to which the provisions of sub-clause (x) of […]...

Read More
Posted Under: Income Tax |

Section 43B- Deductions allowable on Payment

As a taxpayer, you might be claiming various expenses and exemptions to lower your income tax liability, but do you know that there are certain deductions that you can’t claim unless you have actually paid for them. In this article will understand those deductions and discuss the income tax provisions laid out under Section 43B [&hellip...

Read More
Posted Under: Income Tax |

Taxability of Interest on Excess PF Contribution

1. The Union Budget 2021 has proposed taxing the income on provident fund contributions of over Rs. 2.5 lakh a year. As per clause 5 of Finance Bill 2021, the interest on any contribution above Rs 2.5 lakh by an employee to a recognized provident fund will be taxable from 01 April 2021. 2. Existing […]...

Read More
Posted Under: Income Tax | ,

PF & ESI contribution allowable if Paid before Tax return due date

Shishir Kumar Das Vs DCIT (ITAT Hyderabad)

Shishir Kumar Das Vs DCIT (ITAT Hyderabad) Decision of the Hon’ble Supreme Court in the case of CIT vs. Alom Extrusions Ltd is applicable to both the employer as well as employee’s contribution to Provident Fund and ESI and if the assessee has not remitted the amount collected from the employees before the due date […]...

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Employee contribution to PF allowable on Payment before due date

Budget 2021- Payment by employer of employee contribution to a fund on or before due date Clause (24) of section 2 of the Act provides an inclusive definition of the income. Sub-clause (x) to the said clause provide that income to include any sum received by the assessee from his employees as contribution to any […]...

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Posted Under: Income Tax |

Delay in payment of Employee Contribution to PF/ESI, etc. – In dilemma to claim or not?

Delay in payment of Employee Contribution to PF/ESI, etc. – In dilemma to claim or not? Section 2(24)(x) of the Income tax Act 1961 (‘Act’) while defining Income, includes the sum received by taxpayer/employer from employees as contribution towards PF, ESI or any other welfare schemes/fund. Once such sum is treated as Income in hand...

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Posted Under: Income Tax |

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