https://www.taxtmi.com/caselaws?id=753314 The HC upheld ITAT's disallowance of ESI and PF payments made after due date but before filing return. Following SC precedent in Checkmate Services, the court distinguished between employer's statutory liabilities and employee contributions held in trust. While Section 43B allows deduction for delayed statutory payments made before filing return, this provision does not apply to employee contributions deducted from salaries. These trust amounts must be deposited by the statutory due date to qualify for deduction, as they represent others' income deemed as assessee's income only to ensure timely payment. The non obstante clause in Section 43B cannot override this requirement for trust deposits. en-us Fri, 24 May 2024 00:00:00 +0530 Wed, 29 May 2024 16:20:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=753314 The HC upheld ITAT's disallowance of ESI and PF payments made after due date but before filing return. Following SC precedent in Checkmate Services, the court distinguished between employer's statutory liabilities and employee contributions held in trust. While Section 43B allows deduction for delayed statutory payments made before filing return, this provision does not apply to employee contributions deducted from salaries. These trust amounts must be deposited by the statutory due date to qualify for deduction, as they represent others' income deemed as assessee's income only to ensure timely payment. The non obstante clause in Section 43B cannot override this requirement for trust deposits. Case-Laws Income Tax Fri, 24 May 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=753314