Question ID : 900

Delayed Contributions to Provident Fund but payment in same previous year whether deducteble?

One of my clients have paid Provident Fund contributions on 20th May 2002 for the month of April 2002.

The case is under assessment before the ACIT & the ACIT is refusg to allow the deduction on the basis that there is dey payment of 5 days Where as my stand is accordg to Sec 43B payments are to be allowed if paid the same fancial year. (deduction to be allowed the previous year which actual payment is made)

The ACIT says that the department is Suprime court on this issue & hence he can not accept this cim. He is not even ready to go by Allied Motors case decided by SC.

Urgent help Needed.

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