Dismissing the appeal of the assessee the Court held that, the belated payment made by the assessee in this case was not the “employer’s contribution” but on the other hand, it was the “employees’ contribution”, which it had received already. Therefore, the Assessing Officer was justified in disallowing the payment on the ground that the payment was made beyond the due date. (AY. 2015-16)
Unifac Management Services (India) Pvt. Ltd. v. DCIT (2018) 409 ITR 225/ (2019) 260 Taxman 60/ 175 DTR 5 / 307 CTR 168 (Mad.)(HC)
S. 36(1)(va) : Any sum received from employees–EPF-ESI-Contribution from employees has to be paid within due date as per particular enactment-Disallowance is held to be justified. [S. (2924)(x), 43B]