Question ID :
40522
079710
The assesee has late depsoited ESI /PF which was reported in Form 3CD but employess contribution has not disallowed in ITR now CPC has added the same in ITR on the basis of Form 3CD whether any relief can be claimed ?
Posted by
SANDEEP KAPOOR
on
Dec 31, 2019
Filed Under
DIRECT TAXES
If employees contribution to PF deposited before due date of filing return of income, it is allowed as deduction. In many judgements, it is held that payment of contribution by employer to the fund includes both employer and employee contribution. Hence if both contribution are deposited before due date of filing return, it is allowed as deduction u/s. 43B.
Posted by
CA. chunauti dholakia on
Dec 31, 2019
Answer ID :
80325
Yes, if your deposits in ESI/PF fall within the relevant date prescribed under the aforesaid Acts. This has to be read in line with section 43B and section 36(1)(Va). If these get allowable thereunder you need to disagree the demand and file a rectified /revise return.
Posted by
vijay kumar kalia on
Dec 31, 2019
Answer ID :
80326
Dear Sir,
Please disallow the employees contribution U/s 36 and same amount shall be allow as other deduction if its paid with in the due date of filling of income tax return in ITR
Posted by
REDDY BOYA SATHEESH on
Jan 01, 2020
Answer ID :
80327
YOU CAN make a request for rectification U/s 154 as oer the law but it has been seen from past cases that the assessing officer gain in order 154 made the same mistake.I would suggest you should file Appeal CIT against such order and also make request for RECTIFICATION U/s 154
Posted by
SUNITA RANA on
Jan 02, 2020
Answer ID :
80354
file appeal before CIT(A)
Posted by
SIVADAS CHETTOOR on
Jan 21, 2020
Answer ID :
80408
If employees contribution to PF deposited before due date of filing return of income the same is to be allowed as deduction u/s.Sec 43B Section 43B over rides all other sections Therefore if both contribution are deposited before due date of filing return, it is allowed as deduction u/s. 43B. Please file application u/s.154 for rectification. Application u/s.154 is considered in one of my cases.
Posted by
CA. JAIN JAWAHAR LAL on
Feb 11, 2020