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)

M/S. Institute of Gastro & Kidney Care Pvt. Ltd., Bhubaneswar vs. DCIT, Corporate Circle-1(1), Bhubaneswar

In the result, appeal of the assessee is allowed

ITA 367/CTK/2018[2015-16]Status: DisposedITAT Cuttack06 Feb 2019AY 2015-16

Bench: Shri Chandra Mohan Gargआयकर अपील सं./Ita No.367/Ctk/2018 ("नधा"रण वष" / Assessment Year :2015-2016) M/S Institute Of Gastro & Kidney Vs. Dcit, Corporate Circle- Care (P) Ltd., 1(1), Bhubaneswar Plot No.155, Sahid Nagar, Bhubaneswar-751007, Odisha "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacci 9709 F (अपीलाथ" /Appellant) (""यथ" / Respondent) .. "नधा"रती क" ओर से /Assessee By : Shri P.K.Mishra, Advocate राज"व क" ओर से /Revenue By : Shri Subhendu Dutta, Dr सुनवाई क" तार"ख / Date Of Hearing : 05/02/2019 घोषणा क" तार"ख/Date Of Pronouncement 06/02/2019 आदेश / O R D E R This Appeal Has Been Filed By The Assessee Against The Order Of Cit(A)-1, Bhubaneswar, Dated 04.06.2018 In First Appeal No.0107/17-18, For The Assessment Year 2015-2016. 2. The Sole Issue In This Appeal Agitated By The Assessee Is That The Claim Of Contribution Towards Epf & Esi Of Rs.3,21,916/- Should Be Allowed To The Assessee As The Same Was Paid & Deposited Within The Same Financial Year & Before The Due Date Of Filing Of Return. 3. I Have Heard The Arguments Of Both The Sides & Clearly Perused The Relevant Material Placed On The Record Of The Tribunal. 4. Ld. Ar Submitted That The Ao & Ld. Cit(A) Have Followed The Decision Of Hon’Ble Gujarat High Court In The Case Of Cit Vs. Gujarat

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Shri Subhendu Dutta, DR
Section 139(1)Section 3Section 36(1)(va)Section 43B

The Puri District Co-Operative Milk Producer'S Union Ltd., Bhubaneswar vs. ITO, Ward-2(2), Bhubaneswar

In the result, appeal of the assessee is allowed

ITA 342/CTK/2018[2014-15]Status: DisposedITAT Cuttack05 Feb 2019AY 2014-15

Bench: Shri Chandra Mohan Gargआयकर अपील सं./Ita No.342/Ctk/2018 ("नधा"रण वष" / Assessment Year :2014-2015) The Puri District Co-Operative Vs. Ito, Ward-2(2), Milk Producer’S Union Limited, Bhubaneswar Chintamaniswar, Kalpana Area, Bhubaneswar "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaat 8507 C (अपीलाथ" /Appellant) (""यथ" / Respondent) .. "नधा"रती क" ओर से /Assessee By : Shri B.K.Das(Written Submission) राज"व क" ओर से /Revenue By : Shri Subhendu Dutta, Dr सुनवाई क" तार"ख / Date Of Hearing : 04/02/2019 घोषणा क" तार"ख/Date Of Pronouncement 05/02/2019 आदेश / O R D E R This Appeal Has Been Filed By The Assessee Against The Order Of Cit(A)-1, Bhubaneswar, Dated 05.06.2018 In First Appeal No.0076/17-18, For The Assessment Year 2014-2015. 2. The Assessee Has Raised The Following Grounds Of Appeal :- “1. The Order Passed By The Learned Cit(Appeals-1), Bhubaneswar Is Capricious, Invalid, Illegal & Bad In Law. 2. That The Disallowance Of Employees Contribution To Pf To The Extent Of Rs.15,15,620/-, On The Ground Of Non-Deposit Within The Stipulated Time Period Is Arbitrary, Wrong & Non Based On The Available Facts. 3 The Appellant Craves Leaves To Amend, Modify, Oblige, Add To Or Resigned Any Or All Of The Above Ground. 3. The Facts In Brief Are That The Assessee Is A Cooperative Society Operating Under Omfed In Puri District, Engaged In Procurement & 2 Processing Of Milk & Milk Products. The Assessee Filed Return Of Income

For Appellant: Shri B.K.Das(Written Submission)For Respondent: Shri Subhendu Dutta, DR
Section 139(1)Section 143(3)Section 36(1)(va)Section 43B

Deputy Commissioner of Income Tax 15(3)1, Mumbai vs. Ray Engineering Private Limited, Mumbai

In the result, the appeal of the Revenue is dismissed

ITA 4749/MUM/2017[2013-14]Status: DisposedITAT Mumbai30 Jan 2019AY 2013-14

Bench: Shri Amarjit Singh, Jm & Shri G. Manjunatha, Am आयकर अपील सं/ I.T.A. No.4749/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2013-14) The Dy. Commissioner Of बिधम/ M/S. Ray Engineering Pvt. Ltd. Income Tax 15(3)(1) Vs. H-220, 2Nd Floor, Iip, Room No.451, 4Th Floor, Above Vashi Railway Aayakar Bhavan, Station, Vashi, Maharshi Karve Road, Navi Mumbai - 400703 Mumbai - 400703 स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aadcr3859G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Revenue By: Shri Manoj Kumar Singh (Sr.Dr) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 17.01.2019 घोषणा की तारीख /Date Of Pronouncement: 30.01.2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 27.04.2017 Passed By The Commissioner Of Income Tax (Appeals)-24, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2013- 14. 2. The Revenue Has Raised The Following Grounds Of Appeal:- “1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Deleting Disallowance Of Non- Payment Of Contribution To Funds By The Employees In Terms Of Section 36(1)(Va) Of The I.T.Act When The Circular No.22/2015 Dated 17.12.2015 Issued By The Cbdt Specifically Highlighted That The Circular Does Not Apply To Claim Of Deduction Relating To Employee’S Contribution To Welfare Funds Which Are Governed By Section 36(1) Of The It Act. 2. The Appellant Prays That The Order Of Cit(A) On The Above Ground Be Set Aside & That Of The Assessing Officer Be Restored.”

For Appellant: NoneFor Respondent: Shri Manoj Kumar Singh (Sr.DR)
Section 142(1)Section 143(1)Section 36(1)Section 36(1)(va)