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    <title>2001 (5) TMI 139 - ITAT CALCUTTA-E</title>
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    <description>Disallowance under s. 36(1)(va) read with s. 43B for alleged belated deposit of employees&#039; PF contribution turned on whether the 15-day limit in Clause 38 of the EPF Scheme runs from the wage month or the month of actual salary disbursement. The Tribunal held that &quot;month&quot; refers to the month in which wages/salary are actually disbursed, since the contribution liability crystallizes only upon deduction at disbursement; given the artificial nature of disallowance provisions, a liberal construction was warranted. The impugned additions were set aside and the AO was directed to verify whether deposits were made within 15 days (plus 5 days&#039; grace) from the close of the salary-disbursement month and recompute any disallowance accordingly; the appeal was partly allowed.</description>
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    <pubDate>Mon, 28 May 2001 00:00:00 +0530</pubDate>
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      <title>2001 (5) TMI 139 - ITAT CALCUTTA-E</title>
      <link>https://www.taxtmi.com/caselaws?id=60781</link>
      <description>Disallowance under s. 36(1)(va) read with s. 43B for alleged belated deposit of employees&#039; PF contribution turned on whether the 15-day limit in Clause 38 of the EPF Scheme runs from the wage month or the month of actual salary disbursement. The Tribunal held that &quot;month&quot; refers to the month in which wages/salary are actually disbursed, since the contribution liability crystallizes only upon deduction at disbursement; given the artificial nature of disallowance provisions, a liberal construction was warranted. The impugned additions were set aside and the AO was directed to verify whether deposits were made within 15 days (plus 5 days&#039; grace) from the close of the salary-disbursement month and recompute any disallowance accordingly; the appeal was partly allowed.</description>
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      <pubDate>Mon, 28 May 2001 00:00:00 +0530</pubDate>
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