Held that in case of employee’s contribution to PF/ESI, any failure to pay within prescribed due date under respective PF Act or scheme will result in negating employer’s claim for deduction permanently forever under section 36(1)(va) of the Act. (AY. 2018-19 )
Suresh Electricals. v. DCIT (2023) 198 ITD 487 (Bang) (Trib.)
S. 36(1)(va): Any sum received from employees–Any failure to pay employee’s contribution to PF/ESI, within prescribed due date under respective Act or scheme will result in negating employer’s claim for deduction permanently forever under section 36(1)(va).[S.43B (b)]