Held that the distinction between an employer’s contribution which is its primary liability under law. In terms of section 36(1)(iv), and its liability to deposit amounts received by it or deducted by it (section 36(1)(va) is, thus crucial. The former forms part of the employer’s income, and the latter retains its character as an income (albeit deemed), by virtue of section 2(24)(x)-unless the conditions spelt out by the Explanation to section 36(1)(va) are satisfied, i.e., depositing such amount received or deducted from the employee on or before the due date. This marked distinction has to be borne while interpreting the obligation of every assessee under section 43B.The non obstante clause has to be understood in the context of the entire provision of section 43B which is to ensure timely payment before the returns are filed, of certain liabilities which are to be borne by the assessee in the form of tax, interest payment and other statutory liability. In the case of these liabilities, what constitutes the due date is defined by the statute. Nevertheless, assessees are given some leeway in that as long as deposits are made beyond the due date, but before the date of filing of the return, the deduction is allowed. That, however, cannot apply in the case of amounts which are held in trust, as in the case of employees’ contributions which are deducted from their income. They are not part of the assessee-employer’s income, nor are they heads of deduction per se in the form of statutory pay out. They are others’ income, monies, only deemed to be income, with the object of ensuring that they are paid within the due date specified in the particular law. They have to be deposited in terms of such welfare enactments. It is upon deposit, in terms of those enactments and on or before the due dates mandated by such concerned law, that the amount which is otherwise retained, and deemed an income, is treated as a deduction. Thus, it is an essential condition for the deduction that such amounts are deposited on or before the due date. If such interpretation were to be adopted, the non obstante clause under section 43B or anything contained in that provision would not absolve the assessee of its liability to deposit the employee’s contribution on or before the due date as a condition for deduction. (AY. 2009-10)