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“actual payment basis”

DisallowancesSection 43BSection 43B250 judgments

The decision most relied on for actual payment basis is CIT v. AIMIL Ltd. (321 ITR 508), cited in 1,629 judgments on BharatTax.

Leading authorities on actual payment basis

CIT v. AIMIL Ltd.
321 ITR 508 · 2010 · High Court
1,629
citing judgments

Employee contributions to PF and ESIC, deposited beyond the due date under the respective Acts but within the due date for filing the income tax return under Section 139(1), are allowable deductions under Section 36(1)(va). Such disallowance cannot be made during processing under Section 143(1).

Calcutta Co. Ltd. v. CIT
37 ITR 1 · 1959 · Supreme Court
341
citing judgments

When following the mercantile system of accounting, provisions for liabilities made on a scientific and rational basis are allowable as deductions, even if their actual quantification and discharge are deferred to a future date.

Commissioner of Income-Tax, Udaipur v. Udaipur Dugdh Utpadak Sahakari Sandh Ltd.
35 Taxmann.com 616 · 2013 · High Court
304
citing judgments

No disallowance can be made under Section 36(1)(va) or Section 43B for delayed payment of employee's contributions to ESI or PF if these amounts are deposited by the assessee on or before the due date for filing the return of income under Section 139(1). This aligns the treatment of employee contributions with employer contributions for allowability.

Commissioner of Income-Tax v. Rai Agro Industries Ltd.
334 ITR 122 · 2011 · High Court
163
citing judgments

Section 43B of the Income-tax Act applies to both employer and employee contributions to welfare funds, allowing deductions for these contributions only upon actual payment.

Union of India v. Exide Industries
425 ITR 1 · 2020 · Supreme Court
146
citing judgments

The provision for leave encashment is allowable as a deduction only on an actual payment basis under Section 43B(f) of the Income Tax Act, 1961. The Supreme Court upheld the constitutional validity of Section 43B(f).

CIT v. M/s Mark Auto Industries Ltd.
358 ITR 43 · 2013 · High Court
105
citing judgments

The Punjab & Haryana High Court held that employees' contributions to provident fund (PF) and Employees' State Insurance (ESI), deposited after the due date under the respective special Acts but before the due date for filing the income tax return, are allowable as a deduction under Section 36(1)(va) read with Section 43B of the Income-tax Act.

Pradeep Amrutlal Runwal v. Tax Recovery Officer
47 Taxmann.com 293 · 2014 · ITAT
46
citing judgments

Additions to income cannot be made solely on the basis of loose papers or notings found during a search in the premises of a third party, especially when there is no corroborative evidence to suggest that the assessee actually received the amounts or made payments.

CIT v. KP Varghese
131 ITR 574 · Supreme Court
24
citing judgments

An addition to income cannot be made on the basis of deeming fiction without evidence that the assessee actually paid more than what was declared in the registered deed. The Assessing Officer bears the burden of proving the assessee's liability to tax.

Judgments citing actual payment basis

M/S Jil Information Technology Limited, New Delhi vs. Asstt. Commissioner of Income Tax, Range-3, Lucknow

In the result, the appeal of the assessee is allowed for statistical purpose

ITA 363/LKW/2025[2021-22]Status: DisposedITAT Lucknow26 Feb 2026AY 2021-22

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2021-22 M/S Jil Information Technology Vs. Asstt. Commissioner Of Limited, 54, Ja Annexe, Basant Lok, Income Tax, Range-3, Vasant Vihar, New Delhi-110057 Lucknow Pan: Aaacj8827B (Appellant) (Respondent) Assessee By: Sh. B.P. Yadav, Adv Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 23.12.2025 Date Of Pronouncement: 26.02.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Addl/Jcit(A), Panaji, Passed Under Section 250 Of The Income Tax Act, 1961 On 19.03.2025, Wherein The Ld. Addl/Jcit(A) Has Dismissed The Appeals Of The Assessee Against The Orders Under Section 143(1) Passed For The A.Y. 2021-22 By The Adit, Cpc, Bengaluru On 13.11.2022. The Grounds Of Appeal Are As Under:- “1. The Learned Commissioner Of Income Tax (Appeals), Nfac, Delhi [Hereinafter Referred To As The "Ld. Cit(A)"] Has Erred On Facts & In Law In Disposing The Appeal Of The Appellant By Passing An Ex-Parte Order Which Is In Gross Violation Of Natural Justice & Fair Play As The Assessee Was Not Provided Reasonable Opportunity To Have Its Say On The Merit Of The Additions Made By The Ld. Ao. 2. The Ld. Cit(A) Has Erred On Facts & In Law In Not Appreciating That The Addition Of Rs.78,17,622/-And Also The Addition Of Rs.74,913/-Do Not Fall Under The Purview Of The Clauses Enshrined In Section 143(1) Of The I.T. Act, 1961 & Also Failed To Appreciate That The Additions Made In The Present Case Are In The Nature Of Debate

For Appellant: Sh. B.P. Yadav, AdvFor Respondent: Sh. R.R.N. Shukla, Addl CIT DR
Section 143(1)Section 250

grossly ignoring the fact that the amount of Rs.78,17,622/-claimed as deduction by the assessee on actual payment basis stood already offered to tax in the previous years by way of adding back the same to the net profit of the respective years. 4. On the facts stated

Swatch Group (India) Retail Private Limited, Delhi vs. The Deputy Commissioner of Income Tax, Delhi

In the result, the appeal filed by the assessee is partly allowed as indicated above

ITA 4281/DEL/2024[2020-21]Status: DisposedITAT Delhi12 Dec 2025AY 2020-21

Bench: Shri S.Rifaur Rahman & Ms. Madhumita Royswatch Group (India) Retail Private Ltd., Vs. Dcit, Circle 22(2), 4Th Floor, Rectangle 1, Plot No.D4, Delhi. Saket District Centre, Saket, New Delhi – 110 017. (Pan : Aavcs7960H) (Appellant) (Respondent) Assessee By : Shri Ravi Sharma, Advocate Ms. Shruti Khimta, Ar Revenue By : Shri S.K. Jadhav, Cit Dr Date Of Hearing : 16.09.2025 Date Of Order : 12.12.2025 O R D E R Per S. Rifaur Rahman: 1. This Appeal Preferred By The Assessees Is Directed Against The Assessment Order Dated 26.07.2024 Passed By The Assessment Unit, Income Tax Department Under Section 143(3) Read With Section 144C(13) R.W.S. 144B Of The Income-Tax Act, 1961 (For Short ‘The Act”) For Assessment Year 2020-21 Pursuant To The Directions Of The Dispute Resolution Panel U/S 144C(5) Of The Act Raising Following Grounds Of Appeal :-

For Appellant: Shri Ravi Sharma, AdvocateFor Respondent: Shri S.K. Jadhav, CIT DR
Section 143(3)Section 144C(13)Section 144C(5)Section 92C(3)Section 92D

Similarly, travel of a third-party consultant with respect to custom clearance services of INR 10,808 has also been charged on an actual payment basis. Other miscellaneous expenses pertaining to legal and professional charges/consultant charges have been allocated on an equal/50:50 basis. Thus, the expenses have been allocated