Section 36(1)(va) of the Income Tax Act

Income-tax Act, 2025: ss.29, 30, 31, 32

Section 36(1)(va) falls under section 36 of the Income-tax Act, 1961, which corresponds to section 29 (Deductions related to employee welfare), section 30 (Deduction on certain premium), section 31 (Deduction for bad debt and provision for bad and doubtful debt) and section 32 (Other deductions) of the Income-tax Act, 2025.

Read section 29 of the 2025 ActRead section 30 of the 2025 ActRead section 31 of the 2025 ActRead section 32 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 36(1)(va) is CIT v. AIMIL Ltd. (321 ITR 508), cited in 1,629 of the 6,054 judgments on BharatTax that turn on this section.

Leading authorities on Section 36(1)(va)

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.

279 ITR 331/149 Taxman 15 (Guj.); 5. CIT v. Sabari Enterprises
298 ITR 141 · 2008 · High Court
706
citing judgments

Employee contributions to provident fund or ESI, even if deposited after the due date specified in the respective welfare statutes, are allowable as a deduction under Section 36(1)(va) if paid before the due date for filing the income-tax return. This judgment aligns the treatment of employee contributions with employer contributions under Section 43B.

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. 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.

Essae Teraoka Pvt. Ltd. v. DCIT
366 ITR 408 · 2014 · High Court
519
citing judgments

An employer's delayed remittance of employees' contributions to provident fund (PF) or Employees' State Insurance (ESI) is deductible if the payment is made before the due date for filing the income tax return under section 139(1), applying the provisions of section 43B and notwithstanding section 36(1)(va).

CIT v. Bharat Hotels Ltd.
410 ITR 417 · 2019 · High Court
486
citing judgments

Employee contributions to provident fund and ESI, if paid beyond the due date prescribed by the respective welfare fund statutes, are not allowed as a deduction under the Income Tax Act.

CIT v. Nipso Polyfabriks Ltd.
350 ITR 327 · 2013 · High Court
425
citing judgments

Deduction for employee contributions to EPF/ESI is allowable under section 43B if paid before the due date for filing the return of income under section 139(1), irrespective of the due dates under the respective welfare fund statutes.

Judgments on Section 36(1)(va)

Vinay Zibbu, New Delhi vs. ACIT Circle- 34(1), New Delhi

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

ITA 1866/DEL/2020[2018-19]Status: DisposedITAT Delhi16 Nov 2021AY 2018-19

Bench: Shri R.K. Pandaassessment Year: 2018-19 Vinay Zibbu, Vs. Acit, D-1/124, 2Nd Floor, Circle-34(1), Sector-16, New Delhi. Rohini, New Delhi. Pan: Aaepz5493N (Appellant) (Respondent) Assessee By : Shri Priyanshu Goyal, Ca Revenue By : Shri Om Prakash, Sr.Dr Date Of Hearing : 03.11.2021 Date Of Pronouncement : 16.11.2021 Order This Appeal Filed By The Assessee Is Directed Against The Order Dated 28Th August, 2020 Of The Cit(A)-13, Delhi, Relating To Assessment Year 2018-19. 2. Although A Number Of Grounds Have Been Raised By The Assessee, These All Relate To The Ex Parte Order Of The Cit(A) In Sustaining The Addition Of Rs.14,59,784/- Made By The Ao In The Order Passed U/S 154 Of The It Act By Invoking The Provisions Of Section 2(24)(X) R.W.S. 36(1)(Va) Of The It Act On Account Of Late Deposit Of Employee/Employer Contribution Of Pf & Esi. 3. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Doing The Business Of Security Agency. He Filed His Return Of Income On 27Th October, 2018 Declaring The Total Income At Rs.21,43,950/-. The Cpc, Bangalore In The Order Processed U/S 143(1)(A) Proposed Adjustment Of Rs.14,59,784/- On Account Of Late Deposit Of Pf/Esi. The Assessee Filed An Application Stating That The Payments Have Been Duly Deposited Before The Due Date Of Filing Of The Return Of Income. Finally, In The Intimation-Cum-Order U/S 154 Of The Act Dated 15Th June, 2019 The Cpc Bangalore Assessed The Income At Rs.37,53,733/- Against The Returned Income Of Rs.22,93,949/- By Making An Addition Of Rs.14,59,784/- On Account Of Late Deposit Of Late Deposit Of Employee/Employer Contribution Of Pf & Esi 2(24)(X) R.W.S. 36(1)(Va) Of The It Act.

For Appellant: Shri Priyanshu Goyal, CAFor Respondent: Shri Om Prakash, Sr.DR
Section 139(1)Section 143(1)(a)Section 154Section 2(24)(x)Section 3Section 36(1)(va)

Gagan Saxena, New Delhi vs. ACIT Circle-22(2), New Delhi

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

ITA 1865/DEL/2020[2018-19]Status: DisposedITAT Delhi16 Nov 2021AY 2018-19

Bench: Shri R.K. Pandaassessment Year: 2018-19 Gagan Saxena, Vs. Acit, H-92/6, Shivaji Park, Circle-22(2), Punjabi Bagh West, New Delhi. Delhi. Pan: Axfps2632E (Appellant) (Respondent) Assessee By : Shri Priyanshu Goyal, Ca Revenue By : Shri Om Prakash, Sr.Dr Date Of Hearing : 03.11.2021 Date Of Pronouncement : 16.11.2021 Order This Appeal Filed By The Assessee Is Directed Against The Order Dated 18Th August, 2020 Of The Cit(A)-8, New Delhi, Relating To Assessment Year 2008-09. 2. Although A Number Of Grounds Have Been Raised By The Assessee, These All Relate To The Order Of The Cit(A) In Confirming The Addition Of Rs.9,34,630/- On Account Of Late Deposit Of Pf/Esi U/S 36(1)(Va) R.W. Section 2(24)(X) Of The It Act. 3. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Is Engaged In The Business Of Supply Of Manpower. He Filed His Return Of Income On 26Th October, 2018 Declaring The Total Income At Rs.18,25,292/-. The Cpc, Bangalore Vide Intimation U/S 143(1) Dated 17Th May, 2019 Has Processed The Said Return At An Income Of Rs.27,66,590/- By Making Total Addition/Disallowance Of Rs.9,34,630/- On Account Of Late Deposit Of Pf/Esi U/S 36(1)(Va) R.W.S 2(24)(X) Of The It Act.

For Appellant: Shri Priyanshu Goyal, CAFor Respondent: Shri Om Prakash, Sr.DR
Section 139(1)Section 143(1)Section 2(24)(x)Section 36(1)(va)