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TMI Blog2019 (6) TMI 759X X X X Extracts X X X X X X X X Extracts X X X X ..... close of every month. Reference to fifteen days of the close of the month must be in relation to the month during which the payment of wages is to be made and corresponding liability to deduct employee's contribution to the fund arises. Appellant is therefore not correct in contending that if such wages are paid in the following month, the liability to deposit the employee's contribution to the fund gets differed by another month. - Decided against assessee - R/TAX APPEAL NO. 25 of 2019 - - - Dated:- 11-6-2019 - MR J. B. PARDIWALA AND MR A. C. RAO, JJ. For The Appellant (s) : MR SUDHIR M MEHTA (2058) For The Appellant (s) : MS SHAILEE S MEHTA (5873) ORAL ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ACILITY AND ELECTRONIC SOLUTIONS PVT. LTD. Vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 1 in Tax Appeal No. 1256 of 2018 decided on 15/10/2018. 3. We may quote the relevant observations made by the coordinate bench in M/S. CHECKMATE FACILITY (supra) as under: 2. The issue arises in following background. The assessee is a private limited company. For the assessment year 2013-14, the assessee had filed the return of income declaring total income of ₹ 65,65,980/. The return was taken in scrutiny by the Assessing Officer. In the order of assessment passed by him under section 143(3) of the Income Tax Act, 1961 ('the Act' for short) a disallowance of employees' contributions towards ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 deducted as long as such sum is credited by the assessee to the employee's account in the relevant funds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss of employer to deposit the contributions by any other mode other than internet banking . 5. This provision thus requires an employer before paying the employee his wages to deduct the employee's contribution along with the employer's own contribution as fixed by the Government. It is further required that he shall within fifteen days of the close of every month pay the same to the fund such contribution and administrative charges. In terms of this provision thus, after deducting the employee's contribution towards the funds, the same has to be deposited with the Government within fifteen days of the close of every month. Reference to fifteen days of the close of the month must be in relation to the month dur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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