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Issue ID: 970
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Due date EPF and ESI

Date 06 Dec 2008
Replies1 Reply
Views 12597 Views
EPF due date: late contribution payments risk disallowance of deduction under section 36(1)(iv); ESI due date remains separate.
For EPF, the operative due date for employer contributions is the 15th of the month; payments made after that threshold, even if within an informal grace period, have been treated by assessing officers as ineligible for deduction and disallowed under section 36(1)(iv). For ESI, the due date for payment of contributions is the 21st of the month, which governs employer compliance. (AI Summary)

Due date of EPF is 20th of every month (including 5days of grace) and in case of ESI 21st of every month (including grace period)..........It is right?

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Replied on Dec 10, 2008
1. For EPF, the due date of payment is 15th of the month eg in respect of contributions for Nov'08, the due date of payment is 15th Dec'08.Although one may contend the argument of grace period, however, experiences during IT asst proceedings, it is observed and noted that the assessing officers disallow any delayed payment beyond the said threshold date, although the payments may have been made during the period of grace. The disallowance is made u/s 36 (1)(iv). Refer Explanation for the purpose of 'due date'. For ESIC,the due date is similarly 21st of the month.
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