PGBP allowbility or not...
Umesh Shrimali (40 niyawan road Faizabad) (6 Points)
07 June 2017a) employes contribution
b) employer contribution
Umesh Shrimali (40 niyawan road Faizabad) (6 Points)
07 June 2017
Sanjay S
(Chartered Accountant)
(1375 Points)
Replied 07 June 2017
Employers Contribution -
1. Towards RPF or Statutory Provident Fund :- Deduction u/s 36(1)(iv) ONLY IF payment actually made to the fund on or before the Due Date of filing Return of Income u/s 139(1) - Else disallowed u/s 43B.
2. Towards UnRecognised PF :- Disallowed u/s 40A(9) even if actually paid or not.
Employees Contribution -
View # 1: If paid on or before Due date u/s 139(1) :- Allowed u/s 43B -- else disallowed. [most recommended view] - CIT vs. Kichha Sugar Company Ltd (Uttarakhand High Court)
View # 2: If paid on or before due date of respective Act:- Allowed under section 36(1)(va) --else disallowed. - CIT vs. Gujarat State Road Transport Corporation (Guj.HC)
Umesh Shrimali
(40 niyawan road Faizabad)
(6 Points)
Replied 07 June 2017
Sanjay S
(Chartered Accountant)
(1375 Points)
Replied 07 June 2017
Sorry if the above is too complex to comprehend.
The point is.. if its a statutory PF:
Employer contrbn = allowed if amount is paid into fund on or before due date of Return of income u/s 139(1)
Employees contrbn = allowed if paid into fund on or before due date of Return of income u/s 139(1) - other views also exist
Umesh Shrimali
(40 niyawan road Faizabad)
(6 Points)
Replied 08 June 2017
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