Section 43B Covers Emplyoees Contribution to PF , ESI Too ! Its Six Vs Two.

Section 43B provides for allowance of certain statutory payments by an assessee only if the said payments are done before due date for filing of tax return. One of the raging controversy and constant fight between taxpayer and tax department is about allowance of employees contribution deposited by the assessee. The simple reason is the presence of another provision under section 36(1)(va) which is specific to the allowance of deposit of contribution of PF , ESI etc. by the employers. Under sec. 36(1)(va) , if the employee's contribution not deposited within the due date fixed under the PF or ESI scheme as the case maybe, the amount can not be claimed deduction. However, under section 43B , the time limit is upto the due date of filing of tax return. So ,the tussle is : taxpayer says the employees contribution allowance is covered under section 43B whereas the tax department maintains that it ( allowance of employees contribution) is covered only under section 36(1)(va) .

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