PGBP allowbility or not...

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Contribution to SPF is shown under P&L. is it allow or disallow
a) employes contribution
b) employer contribution
Replies (4)

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 vsKichha 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)

Sir my que is at IPCC level...... regards

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

In case of RPF there is a point of allowbility of 12% in case of employer in PGBP and whatever be amount contribute employee shall be allowed ... condition satisfied by him as contribute on or before date of filing ITR


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