Supreme Court favors Revenue for deductibility of delayed contribution to Provident Fund

Deductibility of employee‘s contribution to Provident Fund collected by the employer and deposited beyond the due date specified in the relevant statutes but before the filing of the return of income has been a matter of litigation resulting from contrary decisions of various High Courts. While several High Courts have ruled that the delayed contribution shall be allowed as a deduction under Section 43B of the Income-tax Act, 1961 (the Act) so long as the contribution has been made before the filing of the return of income, the Gujarat High Court and Kerala High Court have ruled against it.

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