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TMI Blog2013 (6) TMI 98X X X X Extracts X X X X X X X X Extracts X X X X ..... due date fixed by the Provident Fund Authority, whereas in the matter of culling out the meaning of the word “due date”, as mentioned in the said section, AO was required to take note of Section 43B(b) and by not taking note of the provisions contained therein committed gross error, which having been rectified by the Appellate Authority and confirmed by the Tribunal, there is no scope of interference. - Income Tax Appeal No. 50 of 2009 - - - Dated:- 20-5-2013 - Barin Ghosh, CJ And V. K. Bist, JJ. For the Appellant : Mr. H. M. Bhatia For the Respondent : Mr. S. K. Posti JUDGMENT Barin Ghosh , C.J. (Oral) The Assessing Officer purported to disallow payments actually made by the assessee to the Provident Fund Authority on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t fund under any Act, rule order or notification issued thereunder or under any standing order, award, contract of service or otherwise;" 2. Therefore, employees contribution deducted from the salaries of the employees of the assessee, if deposited with the Provident Fund Authority by the assessee on or before the due date for depositing the same, the amount, thus deposited, will entail deduction from the income of the assessee. Section 2(24)(x) of the Act is as follows:- income includes-any sum received by the assessee from his employees as contributions to any provident fund or superannuation fund or any fund set up under the provisions of the Employees State Insurance Act, 1948, or any other fund for the welfare of such employees ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 43B(b) of the Act and a reading of the same would make it amply clear that the due date as mentioned in Section 36(1)(va), is the due date as mentioned in section 43B(b) i.e. payment/contribution made to the Provident Fund Authority any time before filing the return for the year in which the liability to pay accrued alongwith evidence to establish payment thereof. The Assessing Officer proceeded on the basis that due date , as mentioned in section 36(1)(va) of the Act, is the due date fixed by the Provident Fund Authority, whereas in the matter of culling out the meaning of the word due date , as mentioned in the said section, the Assessing Officer was required to take note of Section 43B(b) of the Act and by not taking note of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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