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    <title>2012 (11) TMI 592 - HIMACHAL PRADESH HIGH COURT</title>
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    <description>The HC held that contributions received from employees for provident fund and ESI, though not deposited by the due dates under the respective statutes, are allowable deductions under Section 36(1)(va) if paid before filing the income tax return. The court relied on the SC&#039;s ruling in Alom Extrusions, affirming that Section 43B&#039;s second proviso requires contributions to be deposited before return filing to claim deductions. No distinction was made between employer and employee contributions, as both are held in trust by the employer. Delay in deposit may attract penalties or prosecution but does not bar deduction under Section 43B. The revenue&#039;s appeal was dismissed.</description>
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    <pubDate>Wed, 07 Nov 2012 00:00:00 +0530</pubDate>
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      <title>2012 (11) TMI 592 - HIMACHAL PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=218577</link>
      <description>The HC held that contributions received from employees for provident fund and ESI, though not deposited by the due dates under the respective statutes, are allowable deductions under Section 36(1)(va) if paid before filing the income tax return. The court relied on the SC&#039;s ruling in Alom Extrusions, affirming that Section 43B&#039;s second proviso requires contributions to be deposited before return filing to claim deductions. No distinction was made between employer and employee contributions, as both are held in trust by the employer. Delay in deposit may attract penalties or prosecution but does not bar deduction under Section 43B. The revenue&#039;s appeal was dismissed.</description>
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      <pubDate>Wed, 07 Nov 2012 00:00:00 +0530</pubDate>
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