2025 (6) TMI 1942

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....referred to as "the Act" for short], for Assessment Year (AY) 2020-21. 2. The ground of appeal raised by the Assessee is as follows:- "In law and in the facts and circumstances of the case of appellant, the Ld. CIT(A) has erred in not deleting addition of Rs. 1,99,992/- on account of payment of Employees' Contribution to Superannuation fund u/s 36(i) (va) of the Act." 3. The brief facts of the case are that the assessee filed its return of income for the year under consideration on 27.01.2021 declaring total income of Rs. 30,59,51,250/-. The return was subsequently processed u/s 143(1) of the Act at an income of Rs. 30,72,55,070/- by making an addition of Rs. 13,03,820/-, by invoking the provisions of Section 36(1)(va) of the Act. T....

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....butions to specified funds. During appellate proceedings the appellant argued that the contribution to the Employees' Superannuation Fund was voluntary and not mandatory. It further contended that the payment was made well before the due date of filing the return of income under Section 139(1). The appellant relied on judicial precedents where it was held that payments made before the due date of filing the return were allowable, regardless of the specific due date under the respective scheme. The appellant also contended that there is no due date prescribed as to when the payment is required to be made to the superannuation fund. Hence, the impugned adjustment made by AO- CPC is not justified as there is no due date prescribed in the....