PF contribution paid before the due date of filling return under section 139(1) is admissible

Last updated: 28 September 2012

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
Facts, in brief, as relevant orders are that e-return declaring income of `1,50,37,034/- filed on 30th November, 2008 by the assessee, providing management services for large buildings, hospitals, factories etc., was selected for scrutiny with the service of a notice u/s 143(2) of the Income-tax Act, 1961 (hereinafter referred to as the ‘Act’) issued on 16.3.2009. During the course of assessment proceedings, the Assessing Officer[AO in short] noticed that the assessee deposited an amount of 33,11,156/-,detailed in para 5 of the assessment order on account of employee’s contribution towards PF, beyond the due date prescribed in the relevant enactment. Since the aforesaid contribution was deposited beyond the due date stipulated under the PF Act, the AO disallowed the amount of 33,11,156/-,in terms of provisions of section 2(24)(x) read with sec. 36(1)(va)of the Act

Citation :
ACIT Central Circle-2 Room no.323,3rd Floor, ARA Centre,E-2,Jhandewalan Extension, New Delhi (Appellant) V/s. M/s Vipul Facility Management Pvt. Ltd. ,14/185- 14/186,Ground Floor,Main Shivalik,Malviya Nagar, New Delhi [PAN: AABCV4229N] (Respondent)