PF EMPLOYEE SHARE

Tax queries 1606 views 7 replies

Dear all

If an organisation has Deducted Employees Contribution but not remitted before 15th April 2008 . When will it be allowed as deduction ? During Assessment Year 2008-09 or 2009-10 or It will  not be allowed as deduction and added to Income of the assessee.

Relavant sections are :

2(24)(x) Definition of Income /       36(1)(va)  Other deductions    /     43B  Deduction on payment basis.

 

 

 

than it will noe be allowed for that year but my question is that will it be allowable next year if it has remitted in next year ............ ...

 

Replies (7)

Any type of employee benefit(like grauity, PF) which is deducted from the salry of the employee is treated as income of the assessee unless he deposits the same to the relevant account. It will be allowed as deduction only when it is submitted to the respective account. I dont remember the section number for the same. This is in order to dafegaurd the interets of the employeed who should get the benefits for the deduction made from their account.

Therefore, for your answer if a deduction made by the employer is submitted by the due date and before filing the return u/s 139(1) then it can be claimed on the due basis also. Or else it will be allowed as deduction when paid by the assessee(employer).

In your case the deduction will be allowed in the next year.

 

Yes, Mr.Ankit view is correct one. Not deposited before 15th Apr to the bank. The EPFO charges penalty and interest upto deposit date. But IT to be allowed  deposit before the filing of return(ie.30th Sep) u/s.43B.

PF may impose interest & penelty for not paying the PF on time, but as for as the Income tax purpose, all payment due to govt., dept., such PF, ESI, TDS, ST, etc to be paid before 31st of March. Otherwise it will be disallowed
 

Mr. Khan

I think it can be paid within 45 days from the end of the year i.e. 31.3.

 43b talks about employers share and not employees share. If employees share is not credited before due date of PF,ESI it will not be allowed.


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