← All Phrases

“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

Thyssenkrupp Uhde India Private Limited, Mumbai vs. Deputy Commissioner of Income Tax -15(3)(1), Mumbai

In the result, the appeal is partly allowed

ITA 1030/MUM/2024[2017-2018]Status: DisposedITAT Mumbai26 Jun 2024AY 2017-2018

Bench: Shri Pavan Kumar Gadale & Shri Ratnesh Nandan Sahayassessment Year: 2017-18 M/S. Thyssenkrupp Uhde Deputy Commissioner Of India Private Limited Income Tax- 15(3)(1) Uhde House, Room No.460, Vs. 4Th Floor, L.B.S. Marg, Vikhroli (W.), Aayakar Bhawan, Mumbai- 400083. M. K. Road, Pan: Aaacu1416H Mumbai- 400020. (Appellant) (Respondent) Present For: Assessee By : Shri M. M. Golvala A/W. Shri Hormuzd Jamshedji, A.R. Revenue By : Shri P. D. Chougule (Addl. Cit), Sr. D.R. Date Of Hearing : 13 . 06 . 2024 Date Of Pronouncement : 26 . 06 . 2024 O R D E R Per : Ratnesh Nandan Sahay: 1. This Appeal Has Been Filed Against The Order Of The Ld. Cit (Appeals) Passed U/S. 250 Of The Income Tax Act [The ‘Act’ In Short] Vide Its Din & Order No. Itba/Apl/S/250/2023-24/1059614356(1) Dated 11/01/2024 For The Assessment Year 2017-18. 2 M/S. Thyssenkrupp Uhde India Private Limited

For Appellant: Shri M. M. Golvala a/w. Shri HormuzdFor Respondent: Shri P. D. Chougule (Addl. CIT), SR. D.R
Section 10Section 139(1)Section 143(1)Section 154(3)Section 250Section 36(1)(va)

long pending controversy of several years about the claim of overriding effect of Sec. 43B over Sec.36(1) (va) relating to employees contribution of PF & ESI amounts remitted by the assessee, the Hon'ble Supreme Court has pronounced a detailed judgment after thorough consideration of the legislative history ... case law (supra.)discussed in the preceding paragraphs , I am of the considered viewthat, the appellant is not entitled to claim deduction towards employees contribution to PF to the extent of Rs.1,08,49,643/-, since the same was paid beyond the due dates specified as per the PF

Oakton Global Technology Services Centre (India) Private Limited, Hyderabad vs. ITO, Ward-16(3), Hyderabad

In the result, appeal filed by the assessee is partly allowed for statistical purposes

ITA 309/HYD/2017[2012-13]Status: DisposedITAT Hyderabad12 Jun 2024AY 2012-13

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.309/Hyd/2017 (िनधा"रण वष"/Assessment Year: 2012-13) Oakton Global Technology Vs. Income Tax Officer Services Centre (India) (P) Ltd, Ward 16(3) Hyderabad Hyderabad Pan:Aaaco8824H (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Ravi Bhardwaj, Ca राज" व "ारा/Revenue By:: Smt. Th Vijaya Lakshmi, Dr सुनवाई की तारीख/Date Of Hearing: 10/06/2024 घोषणा की तारीख/Pronouncement: 12/06/2024 आदेश/Order

For Appellant: Shri Ravi Bhardwaj, CAFor Respondent: : Smt. TH Vijaya Lakshmi, DR
Section 143(3)Section 144(5)

made addition towards TP adjustment suggested by the TPO. The Assessing Officer had also made addition towards belated payment of employees contribution to PF and addition towards credit balance written back and disallowance of professional tax payable u/s 43B of the I.T. Act, 1961. 5. The assessee has filed ... development services to the AE and interest receivable on receivables from AE. The DRP had also upheld the addition made towards disallowance of employee contribution to PF u/s 36(1)(va) of the I.T. Act, 1961 . Thereafter, the Assessing Officer has passed the final assessment order u/s 143(3) r.w.s