2017 (12) TMI 1685

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..... is no distinction between employees' and employer contribution to PF, and if the total contribution is deposited on or before the due date of furnishing return of income u/s 139(1) then no disallowance can be made towards employees' contribution to provident fund. Revision u/s 263 - Commissioner was not justified in setting aside the order of the A.O. on this aspect merely because he holds a .....

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..... r is hit by the provisions of section 43B of the Act. 2. The assessee relied upon several decisions including the decision of the Hon ble Supreme Court in the case of Alum Extrusions 319 ITR 306 to contend that disallowance cannot be made if payments were made before the due date for filing return of income u/s 139(1) of the Act. But the Ld. Commissioner was of the opinion that the said decisio .....

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..... ur of the assessee. 4. On the other hand, the Ld. D.R. relied upon the order of the revisional authority and strongly supported the same. 5. We have carefully considered the rival submissions and perused the record. The ITAT, Visakhapatnam bench had consistently taken a view, on an analysis of the provisions of section 43B r.w.s 36(1)(va) of the Act, that no disallowance is permissible, if t .....

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