Dear Experts,
This has reference from recent Article by CA Dev kumar Kothari Ji,
1) Kindly let us know whether contribution of PF/ESI is paid after the due date under the respective acts but before filing of return of income u/s 139(1), not to be disallowed both u/s 43B and 36(1)(va). And whether the due date for filing ITR is 30-09-2019 or extended due date i.e. 31-10.2019?
2) If the amount is disallowed (delay in 3 to 4 days as per due date of EPF/ESI Act) when ITR processed at CPC level or at local ITO level, kindly advice what is the solution.
Clarification Sought on Disallowance of Late PF and ESI Contributions Under Sections 43B and 36(1)(va) Before Tax Return Filing. An individual inquired about the disallowance of contributions to Provident Fund (PF) and Employees' State Insurance (ESI) if paid after the due date under respective acts but before filing the income tax return. They sought clarification on whether such payments would be disallowed under sections 43B and 36(1)(va) and the applicable due date for filing returns. A respondent noted that several High Court rulings have permitted delayed payments made before the return filing deadline, criticizing the tax department's actions as unlawful and harsh. (AI Summary)
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