Esi pf disallowance

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mayank (Querist)

28 October 2013 For disallowance of ESI EPF Employee Contribution, Whether to consider due date mentioned in ESI EPF Act or due date of filing return of income u/s 139(1) of Income Tax Act, 1961..

Please give your views

Ganeshbabu K

Ganeshbabu K (Expert)

28 October 2013 As per the Delhi high Court Decision in case of CIT Vs AIMIL Ltd., [2010] 188 Taxmann 265 (Delhi), Contribution received from employees towards PF and ESI paid after due date and before filing the return of Income is allowable as expenditure, accordingly PF and ESI paid after due date and before filing the return is not disallowed.
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@VaibhavJ

@VaibhavJ (Expert)

28 October 2013 Hi

For disallowing at the first instance date to be considered as Due date as per EsI / PF Act.

Separate disclosure is made u/s 43B & if amt is paid before due date u/s 139(1) then amount paid is allowed.

Thanks//VaibahvJ

mayank

mayank (Querist)

28 October 2013 Bt Sir,
As per income tax, section 36 (1) (va) it is to be disallowed if deposited after due date mentioned in esi/pf act and please let me know if any high court judgement can overrle income tax act

@VaibhavJ

@VaibhavJ (Expert)

28 October 2013 case law reference is given by Expert - Ganeshbabu.

Thanks

mayank

mayank (Querist)

28 October 2013 What are your views what should we do to apply high court judgement or to apply income tax section 36(1)(va)for AY 2013-14 return filing

Ganeshbabu K

Ganeshbabu K (Expert)

29 October 2013 You can rely on judgement and can go as per my reply

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