2019 (7) TMI 971

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.... Assessment Year 2011-12. 2. The assessee has proposed the following two questions as the substantial questions of law in its memorandum of the Tax Appeal : "(i) Whether in the facts and circumstances of the case, the Income-tax Appellate Tribunal was right in law in confirming the disallowances of Rs. 31,09,082/- and Rs. 3,08,247/- under Section 36(1)(va) read with Section 2(24)(x) of the Income Tax Act, 1961? (ii) Whether in the facts and circumstances of the case, the Income-tax Appellate Tribunal was right in law in not appreciating that the due date of payment of employees' contribution into the Government treasury as contemplated under the provisions of Employees Provident Funds & Miscellaneous Provisions Act, 1952 and Employ....

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....oration (supra). He submitted that in terms of section 38 of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, reference to the time limit for depositing the contributions within 15 days of close of the month must be to the month in which the salary payment is made. For example, therefore if the salary payment for the month of June is made on 5th July, the employer would have time upto 15th of August for depositing the employee's contribution of provident fund. Looking from this angle, there was no delay or default on the part of the present assessee. 4. In terms of section 36(1)(va) of the Act, any sum received by the assessee from any of his employees to which the provisions of section 2(24)(x) applies, would be ded....