National Pension System contribution allowed when paid before return due date; section 143(1) adjustment held unjustified

Contribution to the National Pension System remitted before the due date for filing the return under section 139(1) was treated as allowable under section 43B(b), because no separate due date was shown to apply under the PFRDA framework. On that basis, the adjustment made in the intimation under section 143(1) disallowing the contribution was held unjustified, and the disallowance was deleted.

---

---

Issues: Whether the adjustment made under section 143(1) of the Income-tax Act, 1961 by disallowing the assessee's contribution to the National Pension System was sustainable.

Analysis: The assessee's remittance towards the National Pension System was made before the due date for filing the return under section 139(1) of the Income-tax Act, 1961. The scheme is regulated by the Pension Fund Regulatory and Development Authority Act, 2013, and no separate due date was shown to govern such payment under that regime. The contribution was treated as an amount allowable under section 43B(b) of the Income-tax Act, 1961, and the adjustment in the intimation under section 143(1) was held to be unjustified.

Conclusion: The disallowance was deleted and the adjustment was held to be unsustainable.

---