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“employees contribution to PF”

DisallowancesSection 36(1)(va)Section 36(1)(va)638 judgments

The decision most relied on for employees contribution to PF is CIT v. AIMIL Ltd. (321 ITR 508), cited in 1,629 judgments on BharatTax.

Leading authorities on employees contribution to PF

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).

Checkmate Services Pvt. Ltd. v. CIT
143 Taxmann.com 178 · 2022 · Supreme Court
1,392
citing judgments

Employee contributions to provident fund and ESI deposited by an employer beyond the due dates prescribed under the respective special Acts are not allowable as a deduction under section 36(1)(va) of the Income-tax Act, 1961. Such disallowance can be made during processing under section 143(1).

CIT v. Alom Extrusions Ltd.
319 ITR 306 · 2009 · Supreme Court
1,344
citing judgments

A proviso inserted into a section to remedy unintended consequences, make the section workable, or supply an obvious omission must be read retrospectively in operation to give effect to the section as a whole.

CIT v. Gujarat State Road Transport Corporation
366 ITR 170 · 2014 · High Court
1,158
citing judgments

Employees' contributions to welfare funds, such as provident fund, are not allowable as a deduction under section 36(1)(va) if deposited beyond the due date prescribed under the respective welfare statutes, even by a single day. Such delayed deposits are not cured even if made before the income-tax return filing due date.

(i) CIT v. Merchem Ltd.
378 ITR 443 · 2015 · High Court
631
citing judgments

Belated remittance of employees' contribution to ESI and PF, even if deposited before the due date for filing the return of income under Section 139(1), is not allowed as a deduction. This disallowance falls under Section 36(1)(va) read with Section 2(24)(x), as Section 43B applies only to employer's contributions.

CIT v. Ghatge Patil Transports Ltd.
368 ITR 749 · 2014 · High Court
609
citing judgments

Deduction for employees' contributions to PF and ESIC is allowable under Section 43B if paid before the due date for filing the return under Section 139(1); similarly, delayed deposits of employers' contributions to ESIC and PF are also allowable.

CIT v. Gujarat State Road Transport Corpn
41 Taxmann.com 100 · 2014 · High Court
540
citing judgments

Employees' contributions to provident fund or other welfare funds are deductible under section 36(1)(va) only if paid by the due date specified in the respective welfare fund enactments, and section 43B does not extend this period to the income tax return filing due date under section 139(1).

CIT v. State Bank of Bikaner & Jaipur
43 Taxmann.com 411 · 2014 · High Court
524
citing judgments

Employee contributions to provident fund, ESI, and other welfare funds, if deposited by the due date for furnishing the return of income under Section 139(1), are allowable as a deduction and cannot be disallowed under Section 36(1)(va) read with Section 2(24)(x) or Section 43B, even if deposited after the due date prescribed by the respective welfare Acts.

Judgments citing employees contribution to PF

M/S. Kohinoor Printers Pvt. Ltd, Mumbai vs. ADIT CPC, Bangalore

In the result, the appeal filed by the assessee is hereby allowed

ITA 1782/MUM/2021[2019-20]Status: HeardITAT Mumbai28 Apr 2022AY 2019-20

Bench: Shri Amarjit Singh, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. Nos. 1781 & 1782/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2018-19 & 2019-20) Kohinoor Printers Pvt. Ltd. बिधम/ Dcit, Cpc Unit No.1, Ground Floor, Banglore Vs. Prakash Power Laundry Building, Senapati Bapat Marg, Dadar West, Mumbai-400028. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaace1634R (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Mahesh Rajora Revenue By: Ms. Bharti Singh (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 05/04/2022 घोषणा की तारीख /Date Of Pronouncement: 28/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Above Mentioned Appeals Against The Order Dated 26.08.2021 Passed By The National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As The “Nfac”] Relevant To The A.Ys. 2018-19 & 2019-20. Ita. No.1781/Mum/2021 2. The Assessee Has Filed The Present Appeal Against The Order Dated 26.08.2021 Passed By The National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As The “Nfac”] Relevant To The A.Y. 2018-19. 3. The Assessee Has Raised The Following Grounds: -

For Appellant: Shri Mahesh RajoraFor Respondent: Ms. Bharti Singh (Sr. AR)
Section 36(1)Section 36(1)(va)Section 43B

Appeal Centre, Delhi [‘CIT(A)’] erred in confirming disallowance of Rs.4,51,308/- u/s 36(1) (va) of the 1T Act out of Employees Contribution to PF & ESIC, made by the Deputy Commissioner of Income Tax(CPC), Banglore (AO) holding it as disallowance of expenditure indicated an the tax audit ... shall be directed to delete the addition. (b) The CIT(A) erred in confirming disallowance of Rs.4.51,308/- made by the AO out employees contribution to PF & ESIC to the extent not credited to the respective funds on or before the due date specified in the respective Acts. The Appellant

Kohinoor Printers Pvt. Ltd, Mumbai vs. DCIT CPC, Bangalore

In the result, the appeal filed by the assessee is hereby allowed

ITA 1781/MUM/2021[2018-19]Status: HeardITAT Mumbai28 Apr 2022AY 2018-19

Bench: Shri Amarjit Singh, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. Nos. 1781 & 1782/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2018-19 & 2019-20) Kohinoor Printers Pvt. Ltd. बिधम/ Dcit, Cpc Unit No.1, Ground Floor, Banglore Vs. Prakash Power Laundry Building, Senapati Bapat Marg, Dadar West, Mumbai-400028. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaace1634R (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Mahesh Rajora Revenue By: Ms. Bharti Singh (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 05/04/2022 घोषणा की तारीख /Date Of Pronouncement: 28/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Above Mentioned Appeals Against The Order Dated 26.08.2021 Passed By The National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As The “Nfac”] Relevant To The A.Ys. 2018-19 & 2019-20. Ita. No.1781/Mum/2021 2. The Assessee Has Filed The Present Appeal Against The Order Dated 26.08.2021 Passed By The National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As The “Nfac”] Relevant To The A.Y. 2018-19. 3. The Assessee Has Raised The Following Grounds: -

For Appellant: Shri Mahesh RajoraFor Respondent: Ms. Bharti Singh (Sr. AR)
Section 36(1)Section 36(1)(va)Section 43B

Appeal Centre, Delhi [‘CIT(A)’] erred in confirming disallowance of Rs.4,51,308/- u/s 36(1) (va) of the 1T Act out of Employees Contribution to PF & ESIC, made by the Deputy Commissioner of Income Tax(CPC), Banglore (AO) holding it as disallowance of expenditure indicated an the tax audit ... shall be directed to delete the addition. (b) The CIT(A) erred in confirming disallowance of Rs.4.51,308/- made by the AO out employees contribution to PF & ESIC to the extent not credited to the respective funds on or before the due date specified in the respective Acts. The Appellant

Associated Hospitality and Developers Pvt. Ltd, Mumbai vs. Dy CIT, CPC, Mumbai

In the result the appeals by the assessees are allowed

ITA 1747/MUM/2021[2018-19]Status: HeardITAT Mumbai27 Apr 2022AY 2018-19

Bench: Shri Shamim Yahya (Am) Assessment Year: 2018-19 Starline Workshop, Vs. Ito-Ward1(1) 1 C/O Sterling Motor Compound, Nashik 422 002 Old Agra Road, Gadkari Chowk, Nashik 422001 Appellant. Respondent. Pan Acbfs2289L Assessee By : Shri Ryan Saldanha Revenue By : Ms. Usha Gaikwad Assessment Year: 2019-20 Vishnu Sadu Gade, Vs. Dcit, Circle -3 C-3, 302, Ashar Estate, Thane 400 604 Shreenagar, Thane (W)-400604 Appellant. Respondent. Pan Aabpg4702C Assessee By : None Revenue By : Ms. Usha Gaikwad Assessment Year: 2018-19 Associated Hospitality & Developers Pvt. Ltd., Vs. Dcit, Cpc 4Th Floor, Techniplex-I, Techniplex Complex, Veer Savarkar Flyover, Goregaon (W), Mumbai 400 062 Appellant. Respondent. Pan Aafca7847P Assessee By : Shri Rajesh Shah Revenue By : Ms. Usha Gaikwad Assessment Year: 2018-19 M/S. Vasundhara Packaging Industry, Vs. Cit(A)- (Faceless) 501, Blue Bell, Royal Complex, Eksar Road, Borivali (W), Mumbai 400 092 Appellant. Respondent. Pan Aadfv0326M Assessee By : Shri Ajay Singh Revenue By : Ms. Usha Gaikwad

For Appellant: Shri Ryan SaldanhaFor Respondent: Ms. Usha Gaikwad
Section 143(1)Section 143(1)(a)Section 36(1)(va)

Income Tax Act, 1961 (the Act) which relate to disallowance u/s. 36(1)(va) of that of the employees contribution to PF & ESI dues beyond the respective due dates but before the due date of filing return of income. 3. Brief facts of the case are that 143(1) adjustment ... wherein Hon‟ble Bombay High Court has followed the Hon‟ble Supreme Court decision in Alom Extrusions Ltd., and has held that employees contribution to PF & ESI up to the date of filing of return cannot be disallowed. Hence, by no stretch of imagination it can said that the above

Vishnu Sadu Gade, Mumbai vs. DCIT, Cir. 3, Thane

In the result the appeals by the assessees are allowed

ITA 1746/MUM/2021[2019-20]Status: DisposedITAT Mumbai27 Apr 2022AY 2019-20

Bench: Shri Shamim Yahya (Am) Assessment Year: 2018-19 Starline Workshop, Vs. Ito-Ward1(1) 1 C/O Sterling Motor Compound, Nashik 422 002 Old Agra Road, Gadkari Chowk, Nashik 422001 Appellant. Respondent. Pan Acbfs2289L Assessee By : Shri Ryan Saldanha Revenue By : Ms. Usha Gaikwad Assessment Year: 2019-20 Vishnu Sadu Gade, Vs. Dcit, Circle -3 C-3, 302, Ashar Estate, Thane 400 604 Shreenagar, Thane (W)-400604 Appellant. Respondent. Pan Aabpg4702C Assessee By : None Revenue By : Ms. Usha Gaikwad Assessment Year: 2018-19 Associated Hospitality & Developers Pvt. Ltd., Vs. Dcit, Cpc 4Th Floor, Techniplex-I, Techniplex Complex, Veer Savarkar Flyover, Goregaon (W), Mumbai 400 062 Appellant. Respondent. Pan Aafca7847P Assessee By : Shri Rajesh Shah Revenue By : Ms. Usha Gaikwad Assessment Year: 2018-19 M/S. Vasundhara Packaging Industry, Vs. Cit(A)- (Faceless) 501, Blue Bell, Royal Complex, Eksar Road, Borivali (W), Mumbai 400 092 Appellant. Respondent. Pan Aadfv0326M Assessee By : Shri Ajay Singh Revenue By : Ms. Usha Gaikwad

For Appellant: Shri Ryan SaldanhaFor Respondent: Ms. Usha Gaikwad
Section 143(1)Section 143(1)(a)Section 36(1)(va)

Income Tax Act, 1961 (the Act) which relate to disallowance u/s. 36(1)(va) of that of the employees contribution to PF & ESI dues beyond the respective due dates but before the due date of filing return of income. 3. Brief facts of the case are that 143(1) adjustment ... wherein Hon‟ble Bombay High Court has followed the Hon‟ble Supreme Court decision in Alom Extrusions Ltd., and has held that employees contribution to PF & ESI up to the date of filing of return cannot be disallowed. Hence, by no stretch of imagination it can said that the above

M/S. Vasundhara Packaging Industry, Mumbai vs. ITO 32 (1) (1), Mumbai

In the result the appeals by the assessees are allowed

ITA 1575/MUM/2021[2018-19]Status: DisposedITAT Mumbai27 Apr 2022AY 2018-19

Bench: Shri Shamim Yahya (Am) Assessment Year: 2018-19 Starline Workshop, Vs. Ito-Ward1(1) 1 C/O Sterling Motor Compound, Nashik 422 002 Old Agra Road, Gadkari Chowk, Nashik 422001 Appellant. Respondent. Pan Acbfs2289L Assessee By : Shri Ryan Saldanha Revenue By : Ms. Usha Gaikwad Assessment Year: 2019-20 Vishnu Sadu Gade, Vs. Dcit, Circle -3 C-3, 302, Ashar Estate, Thane 400 604 Shreenagar, Thane (W)-400604 Appellant. Respondent. Pan Aabpg4702C Assessee By : None Revenue By : Ms. Usha Gaikwad Assessment Year: 2018-19 Associated Hospitality & Developers Pvt. Ltd., Vs. Dcit, Cpc 4Th Floor, Techniplex-I, Techniplex Complex, Veer Savarkar Flyover, Goregaon (W), Mumbai 400 062 Appellant. Respondent. Pan Aafca7847P Assessee By : Shri Rajesh Shah Revenue By : Ms. Usha Gaikwad Assessment Year: 2018-19 M/S. Vasundhara Packaging Industry, Vs. Cit(A)- (Faceless) 501, Blue Bell, Royal Complex, Eksar Road, Borivali (W), Mumbai 400 092 Appellant. Respondent. Pan Aadfv0326M Assessee By : Shri Ajay Singh Revenue By : Ms. Usha Gaikwad

For Appellant: Shri Ryan SaldanhaFor Respondent: Ms. Usha Gaikwad
Section 143(1)Section 143(1)(a)Section 36(1)(va)

Income Tax Act, 1961 (the Act) which relate to disallowance u/s. 36(1)(va) of that of the employees contribution to PF & ESI dues beyond the respective due dates but before the due date of filing return of income. 3. Brief facts of the case are that 143(1) adjustment ... wherein Hon‟ble Bombay High Court has followed the Hon‟ble Supreme Court decision in Alom Extrusions Ltd., and has held that employees contribution to PF & ESI up to the date of filing of return cannot be disallowed. Hence, by no stretch of imagination it can said that the above