Disallowance of employee contribution to pf and esi

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ramakrishna (Querist)
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09 September 2011 Dear Sir,

Our client has made delayed payment in the employees contribution to the ESI and PF in the month of May and August 2010.

should we disallow this expenditure in the income tax computation as per MAT??

For your information delayed payment is made before filing return.

Please reply

Thanks and Regards

G. T. Ramakrishna

VISHRUT

VISHRUT (Expert)
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09 September 2011 No it will be not disallowed in the computation of MAT.

ramakrishna

ramakrishna (Querist)
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09 September 2011 can you refer me the section under which it is allowed?

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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20 September 2011 Computation of MAT is done as per Explanation 1 to Section 115JB.

Only, the items mentioned in the said explanation are to be added back.

Accordingly, contribution to PF & ESIC will not be disallowed.

Anyway, if the payments have been made before the due date of filing of return, Section 43B is not attracted. So no disallowance even in normal case.

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