No disallowance can be made u/s 43B in respect of late payment of PF and employees’ contribution if the same are deposited before due date of filing return of income:

AO made disallowance u/s 43B in respect of late payment of PF and Employee’s contribution to Provident Fund. Hon’ble ITAT observed that though the said payments were made late (i.e. within the grace period or minor delay of around six days), such payment were made before due date of filing return of income. Hon’ble ITAT, following the ratio laid down by the Hon’ble Apex Court in the case of “CIT vs. Alom Extrusion – 319 ITR 306 (SC)”, held that no such disallowance can be made u/s 43B since the said amounts were deposited before due date of filing return of income. The disallowance u/s 43B was deleted accordingly.

[DCIT Vs. V.K. PATEL & CO. – ITA No.330/Ahd/2013]