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TMI Blog2019 (7) TMI 971X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee 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 Employees State Insurance Act, 1948 should be re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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 deducted as long as such sum is credited by the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 during which the payment of wage ..... X X X X Extracts X X X X X X X X Extracts X X X X
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