PGBP allowbility or not...

834 views 4 replies
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


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register