Welcome to Sailesh Bhandari and Associates

  • Call us: +91 7550066875
  • Mail US : Saileshbhandari912@gmail.com
  • Call us: +91 7550066875
  • Mail US : Saileshbhandari912@gmail.com
SAILESH BHANDARI AND ASSOCIATES

The National Fund for Rural Development (NFRD) is a scheme under the Income Tax Act:1961 that allows donors to claim a 100% income tax deduction on the amount they donate to the fund. The NFRD is a donation-based scheme, which means that the government does not allocate any funds to it. The funds are collected from donations by individuals and organizations, and are used to support rural development projects.

To be eligible for a deduction under Section 80GGA of the Income Tax Act:1961, the donation must be made to a rural development fund that has been notified by the Central Government. The NFRD is one such fund. The donation must also be made in cash or by cheque, and the donor must obtain a receipt from the fund.

The NFRD can be used to support a wide range of rural development projects, such as:

  • Water conservation and irrigation
  • Education and health care
  • Poverty alleviation
  • Infrastructure development
  • Women’s empowerment
  • Livelihood generation

The NFRD is a great way to support rural development and make a difference in the lives of millions of people. If you are considering making a donation to a charitable cause, the NFRD is a worthy option.

Here are some of the key features of the NFRD:

  • It is a donation-based scheme.
  • Donors can claim a 100% income tax deduction on the amount they donate.
  • The NFRD can be used to support a wide range of rural development projects.
  • The NFRD is managed by the Ministry of Rural Development.

EXAMPLES

  • National Fund for Rural Development (NFRD) under Income Tax Act:: This is a donation-based scheme that provides 100% income tax exemption to donors. The NFRD can be used to support any rural development project, and the donors can recommend the project of their choice, its locality, and the implementing agency.
  • Prime Minister’s National Relief Fund (PMNRF) under Income Tax Act:: This fund is used to provide relief to victims of natural disasters and other calamities. Donations to the PMNRF are also eligible for 100% income tax exemption.
  • National Foundation for Communal Harmony (NFCH) underIncome Tax Act:: This fund is used to promote communal harmony and national integration. Donations to the NFCH are eligible for 100% income tax exemption.
  • Fund set up by a state government for medical relief to the poor under Income Tax Act:: Donations to such funds are eligible for 100% income tax exemption.
  • National Illness Assistance Fund (NIAF) under Income Tax Act:: This fund is used to provide financial assistance to people suffering from serious illnesses. Donations to the NIAF are eligible for 100% income tax exemption.

FAQ QUESTIONS

  • What is the National Fund for Rural Development (NFRD) under Income Tax Act:?

The NFRD is a donation-based scheme that was set up by the Government of India in 1987. It provides 100% income tax exemption to donors who make donations to the fund. The money collected through the NFRD is used to support rural development projects, such as water conservation, irrigation, education, and healthcare.

  • Who can donate to the NFRD under Income Tax Act?

Any individual or corporate entity can donate to the NFRD. There is no minimum or maximum donation amount.

  • How can I donate to the NFRD under Income Tax Act?

There are two ways to donate to the NFRD under Income Tax Act

You can make a direct donation to the fund by writing a cheque or demand draft in favour of “National Fund for Rural Development”. The cheque or demand draft should be payable at a branch of the State Bank of India.

* You can donate to the NFRD through a crowd funding platform. There are several crowd funding platforms that allow you to donate to the NFRD.

  • What are the eligible rural development projects under Income Tax Act:?

The following are some of the eligible rural development projects under Income Tax Act::

* Water conservation and irrigation

* Education

* Healthcare

* Poverty alleviation

* Rural infrastructure development

* Women empowerment

* Sanitation

* Environment protection

  • How do I claim the income tax deduction for my donation to the NFRDunderIncome Tax Act:?

You can claim the income tax deduction for your donation to the NFRD in your income tax return. The deduction will be available under Section 80GGA of the Income Tax Act.

  • What are the documents I need to claim the income tax deduction under Income Tax Act:?

You will need to keep the following documents to claim the income tax deduction for your donation to the under Income Tax Act::

* A receipt from the NFRD acknowledging your donation

* A copy of your income tax return

CASE LAWS

In the case of CIT v. J.K. Cement Corporation Ltd. (2005), the Supreme Court held that a deduction under Section 80GGA of Income Tax Act: is available for donations made to the NFRD even if the donor does not specify the rural development project or the implementing agency. The Court held that the donor is only required to make a general donation to the NFRD, and the NFRD is free to use the donation for any rural development project that it deems fit.

In the case of CIT v. MMTC Ltd. (2006), the Delhi High Court held that a deduction under Section 80GGA of Income Tax Act: is not available for donations made to the NFRD if the donor has already claimed a deduction for the same donation under Section 35CCA. Section 35CCA of Income Tax Act: allows businesses to claim a deduction for expenditure incurred on rural development projects. The Delhi High Court held that a deduction under Section 80GGA of Income Tax Act cannot be claimed for the same expenditure that has already been claimed under Section 35CCAIncome Tax Act:.

In the case of CIT v. Tamil Nadu Narmada Valley Fertilizers and Chemicals Ltd. (2011), the Tamil Nadu High Court held that a deduction under Section 80GGA of Income Tax Act: is available for donations made to the NFRD even if the donation is made in cash. The Court held that the term “donation” in Section 80GGA of Income Tax Act: does not have a narrow meaning, and it includes donations made in cash.

These are just a few of the case laws on the deduction of donations made to the NFRD under Section 80GGA of Income Tax Act:. It is important to consult with a tax advisor to determine whether a deduction is available for a particular donation.

Here are some additional things to keep in mind about the deduction of donations made to the NFRD under Section 80GGA of Income Tax Act::

  • The donation must be made to a notified NFRD of Income Tax Act:
  • The donation must be made in cash or by cheque of Income Tax Act:.
  • The donor must obtain a certificate from the NFRD stating that the donation has been received.
  • The donor must file the certificate with their income tax return.

EXPENDITURE ON AGRICULTURAL EXTENSION PROJECT [SEC,35CCC APPLICABLE FROM THEASSESMENT YEAR 2013 – 14


Section 35CCC of the Income Tax Act, 1961 allows a deduction of 150% of the expenditure incurred on agricultural extension projects. This deduction is available for assessment years 2013-14 onwards.

The agricultural extension project must be notified by the Central Board of Direct Taxes (CBDT) in accordance with the guidelines prescribed. The project must be for the training, education, and guidance of frame .The expenditure incurred on the project must not be in the nature of the cost of land or building under Income Tax Act:.

The deduction under section 35CCC under Income Tax Act: is available to all assesses, including individuals, HUFs, companies, and trusts. However, the deduction is limited to the amount of expenditure incurred on the project.

Here are the key points to remember about the deduction under section 35CCC under Income Tax Act::

  • The deduction is available for assessment years 2013-14 onwards.
  • The project must be notified by the CBDT.
  • The project must be for the training, education, and guidance of farmers.
  • The expenditure incurred on the project must not be in the nature of the cost of land or building.
  • The deduction is available to all assesses.
  • The deduction is limited to the amount of expenditure incurred on the project.

To claim the deduction under section 35CCC under Income Tax Act: the assesses must submit an application in Form No. 3C-O to the Member (IT), CBDT. The application must be accompanied by the following documents:

  • A copy of the notification issued by the CBDT approving the project.
  • A detailed project reports.
  • Evidence of expenditure incurred on the project.

The deduction under section 35CCC under Income Tax Act:is a valuable incentive for companies and individuals to invest in agricultural extension projects. These projects help to improve the productivity of farmers and to increase agricultural production.

EXAMPLES

Section 35CCC of the Income Tax Act, 1961 allows a deduction of expenditure incurred on agriculture extension project in specific states in India. The deduction is available for the assessment year 2013-14 onwards.

The following are some examples of expenditure that is eligible for deduction under section 35CCC under Income Tax Act:

  • Expenditure on training of farmers and agricultural labourers underIncometax actExpenditure on providing improved seeds, fertilizers, and pesticides to farmers
  • Expenditure on setting up demonstration farms and model villages under Income Tax Act:
  • Expenditure on providing irrigation facilities to farmers under Income Tax Act:
  • Expenditure on construction of roads, bridges, and culverts in rural areas under Income Tax Act:
  • Expenditure on forestation and soil conservation under Income Tax Act:

The deduction is available to companies, trusts, and individuals who incur expenditure on agriculture extension projects in the following states:

  • Andhra Pradesh
  • Assam
  • Bihar
  • Chhattisgarh
  • Tamil Nadu
  • Haryana
  • Himachal Pradesh
  • Jharkhand
  • Karnataka
  • Kerala
  • Madhya Pradesh
  • Tamil Nadu
  • Manipur
  • Meghalaya
  • Mizoram
  • Nagaland
  • Odisha
  • Punjab
  • Rajasthan
  • Sikkim
  • Tamil Nadu
  • Telangana
  • Tripura
  • Uttar Pradesh
  • Uttarakhand
  • West Bengal

The deduction is limited to 100% of the expenditure incurred. However, the deduction is available only if the expenditure is incurred for the purpose of agricultural extension and not for any other purpose.

The deduction under section 35CCC under Income Tax Act:is a great way to encourage investment in agriculture extension projects. These projects help to improve the productivity of agriculture and make it more sustainable. They also help to create jobs in rural areas.

FAQ QUESTIONS

  1. What is the expenditure on agriculture extension project section 35CCC underIncome Tax Act:?

The expenditure on agriculture extension project section 35CCC under Income Tax Act: is an additional deduction that is available to companies for expenditure incurred on approved agriculture extension projects. These projects aim to improve the productivity of agriculture, increase farmers’ income, and reduce post-harvest losses.

  • When is the expenditure on agriculture extension project section 35CCC under Income Tax Act: applicable?

The expenditure on agriculture extension project section 35CCC under Income Tax Act: is applicable for assessment years 2013-14 onwards.

  • What are the benefits of claiming the expenditure on agriculture extension project section 35CCC under Income Tax Act:?

The benefits of claiming the expenditure on agriculture extension project section 35CCC under Income Tax Act: are:

* The deduction is available in addition to the normal deduction allowed for business expenditure.

* The deduction can be claimed up to a maximum of 100% of the expenditure incurred.

* The deduction is available for a period of five ears, starting from the year in which the expenditure is incurred.

  • How do I claim the expenditure on agriculture extension project section 35CCC under Income Tax Act:?

To claim the expenditure on agriculture extension project section 35CCC under Income Tax Act:, you need to submit the following documents to the Income Tax Department:

* A copy of the receipt for the expenditure incurred.

* A certificate from the implementing agency, confirming that the project is approved under section 35CCC under Income Tax Act:.

* A statement of the benefits that have accrued from the project.

  • What are the documentation requirements for claiming the expenditure on agriculture extension project section 35CCC under Income Tax Act:?

The following documents are required to claim the expenditure on agriculture extension project section 35CCC under Income Tax Act::

* PAN card of the taxpayer.

* Income Tax Returns for the relevant assessment years.

* Proof of expenditure incurred, such as receipts, invoices, etc.

* Certificate from the implementing agency, confirming that the project is approved under section 35CCC underIncome Tax Act:

* Statement of the benefits that have accrued from the project.

CASE LAWS

There are no reported case laws on the expenditure on agricultural extension project under section 35CCC of the Income Tax Act, 1961 (the Act) for the assessment year 2013-14. However, there are a few guidelines and notifications issued by the government that provide some insights on the interpretation of this section.

  • Guidelines for approval of agricultural extension project under section 35CCC under Income Tax Act: under Income Tax Act: issued by the Central Board of Direct Taxes (CBDT) in 2013 state that an agricultural extension project is one that provides training, education, and guidance to farmers on agricultural practices, technologies, and other matters related to agriculture. The project must be notified by the CBDT before it can be eligible for the deduction under section 35CCC under Income Tax Act:.
  • Notification No. 1236(E) dated 30.05.2013 issued by the Ministry of Agriculture notified a list of agricultural extension projects that are eligible for the deduction under section 35CCC under Income Tax Act:. These projects include training and education programs for farmers, establishment of agricultural extension centers, and development of agricultural technologies.

Based on these guidelines and notifications, it can be inferred that the expenditure on agricultural extension project under section 35CCC under Income Tax Act: is allowed for the assessment year 2013-14 if the following conditions are met:

  • The project is notified by the CBDT under Income Tax Act.
  • The project provides training, education, or guidance to farmers on agricultural practices, technologies, or other matters related to agriculture under Income Tax Act:
  • The expenditure is incurred on the activities of the project, such as salaries of trainers, cost of training materials, and travel expenses of farmers underIncome Tax Act:

It is important to note that the deduction under section 35CCC under Income Tax Act: is a one-time deduction and cannot be claimed for subsequent assessment yeaRs.The deduction is also subject to the overall ceiling of 100% of the profits of the assesses.

TREATMENT IN THE HANDS OF INVESTOR


The tax treatment of investment income tax in the hands of an investor in India depends on the type of investment, the holding period, and the residency status of the investor tax.

Dividend income

Dividend income tax received by a resident investor from a domestic company is taxable in the hands of the investor at the slab rates applicable to them. The dividend is also subject to TDS at 10% in excess of INR 5,000.

Dividend incometax received by a resident investor from a foreign company is taxable at the slab rates applicable to them. However, there is no TDS applicable on such dividends.

Capital gains

Capital gains income tax arising from the sale of shares, mutual funds, or other securities are taxed as long-term capital gains (LTCG) or short-term capital gains (STCG).

LTCG arises income tax if the shares or securities are held for more than 36 months. The LTCG is taxed at a flat rate of 20%.

STCG arises income tax if the shares or securities are held for less than 36 months. The STCG is taxed at the investor’s applicable slab rate.

Interest income

Interest income from fixed deposits, bonds, and other debt instruments income tax is taxable at the investor’s applicable slab rate.

Other income

Other investment income, such as rental income from property, royalty income, and income from intellectual property, is taxed at the investor’s income tax applicable slab rate.

In addition to the above, there are also some specific tax income tax provisions that apply to certain types of investments. For example, the angel tax is a levy on investments made by

income tax non-resident investors in start-ups.

The tax treatment of income tax investment income in India can be complex, and it is important to consult with a tax advisor to understand the specific implications for your investments.

EXAMPLES

  • Tamil Nadu: Under income tax the Tamil Nadu Industrial Development Corporation (MIDC) scheme, investors are eligible for a 100% exemption from income tax on profits for the first five years of operation, and a 50% exemption for the next five years .They are also eligible for a 50% exemption from stamp duty and registration charges.
  • Tamil Nadu: Under the income tax Tamil Nadu Industrial Development Corporation (GIDC) scheme, investors are eligible for a 100% exemption from income tax on profits for the first three years of operation, and a 50% exemption for the next three years.They are also eligible for a 50% exemption from stamp duty and registration charges.
  • Tamil Nadu: Under the income tax Tamil Nadu Industrial Investment Promotion Corporation (TIDCO) scheme, investors are eligible for a 100% exemption from income tax on profits for the first five years of operation, and a 50% exemption for the next five years. They are also eligible for a 30% exemption from stamp duty and registration charges.
  • Karnataka: Under the income tax Karnataka Industrial Development Corporation (KIDC) scheme, investors are eligible for a 100% exemption from income tax on profits for the first three years of operation, and a 50% exemption for the next three years. They are also eligible for a 50% exemption from stamp duty and registration charges.
  • Telangana: Under the income tax Telangana State Industrial Infrastructure Corporation (TSIIC) scheme, investors are eligible for a 100% exemption from income tax on profits for the first three years of operation, and a 50% exemption for the next three years. They are also eligible for a 50% exemption from stamp duty and registration charges.

These are just a few examples, and the specific tax treatment for investors will vary depending on the state and the type of investment. It is important under income tax to consult with a tax advisor to get specific advice on the tax implications of an investment in India.

FAQ QUESTIONS

 

  • What is the tax treatment of dividend income in the hands of an investor?

Dividend income under income tax is taxable in the hands of an investor at slab rates. However, there is a dividend distribution tax of income tax (DDT) of 15% that is paid by the company to the government. This means that the investor will only be taxed on the net amount of dividend received after deducting the DDT.

  • What is the tax treatment of capital gains arising from the sale of shares?

Capital gains under income tax arising from the sale of shares are taxed at different rates depending on the holding period of the shares. Short-term capital gains (STCG) are taxed at the investor’s marginal income tax rate, while long-term capital gains (LTCG) are taxed at a flat rate of 20%.

  • What is the tax treatment of interest income from fixed deposits?

Interest income under income tax from fixed deposits is taxable in the hands of an investor at slab rates. However, there is a 10% tax deduction at source (TDS) that is applicable on interest income above ₹5,000. This means that the investor will only have to pay tax on the net amount of interest income after deducting the TDS.

  • What is the tax treatment of rental income from property?

Rental income of income tax from property is taxable in the hands of an investor at slab rates. However, there are certain deductions that are allowed, such as the cost of repairs and maintenance, property taxes, and interest on home loan.

  • What are the tax implications of investing in mutual funds?

The tax treatment of income tax mutual fund investments depends on the type of fund. For equity funds, the capital gains are taxed at the same rates as capital gains arising from the sale of shares. For debt funds, the interest income tax is taxed at slab rates. For hybrid funds, the tax treatment is a combination of the tax treatment for equity funds and debt funds.

CASE LAWS

  • CIT vs. Fair Fin vest Ltd. (2012): under income tax This case dealt with the issue of whether the assesses, a company, was liable to pay tax on the share application money received by it. The court held that the assesses was not liable to pay tax on the share application money as it was not a capital receipt.
  • CIT vs. Lovely Exports Pt. Ltd. (2002): under income tax This case dealt with the issue of whether the assesses, a company, was liable to pay tax on the dividend income received by it from a foreign company. The court held that the assesses was liable to pay tax on the dividend income as it was a taxable income under the Income Tax Act.
  • CIT vs. Meenakshi Amma Endowment Trust (2011): under income tax this case dealt with the issue of whether the interest income received by an endowment trust was taxable. The court held that the interest income was not taxable as it was a capital receipt.
  • ITO vs. CIT (2007): under income tax This case dealt with the issue of whether the capital gains arising from the sale of shares of a company was taxable in the hands of the investor. The court held that the capital gain was taxable in the hands of the investor as it was a capital receipt.
  • ITO vs. Ashok Kumar (2006):  under income tax this case dealt with the issue of whether the income received by an investor from a chit fund was taxable. The court held that the income was taxable in the hands of the investor as it was a taxable income under the Income Tax Act.

EMPLOYERS CONTRIBUTION TO RECOGNISED PROVIDENT FUND

Section 36(1)(iv) of the Income Tax Act, 1961 allows an employer to claim a deduction for its contribution to a recognized provident fund (RPF) or an approved superannuation fund (ASF). The deduction is allowed up to a maximum of 15% of the salary of the employee.

The salary for this purpose includes dearness allowance, if the terms of employment so provide, but excludes all other allowances and perquisites.

The contribution under income tax must be made to a fund that is recognized by the Central Government. The list of recognized provident funds and approved superannuation funds is published by the Central Government in the Official Gazette.

The deduction of income tax is allowed on a payment basis, i.e., the employer can claim the deduction in the year in which the contribution is actually paid to the fund.

FAQ QUESTIONS

  • What is a recognized provident fund (RPF)?

An RPF is a retirement savings of income tax scheme set up by an employer for its employees. The money contributed to the RPF is tax-deductible for the employer and the employee, and it grows tax-free until the employee withdraws it.

  • What is an approved superannuation fund (ASF)?

An ASF is a retirement savings of income tax scheme that is similar to an RPF, but it is set up by an insurance company or a trust. The money contributed to an ASF is also tax-deductible for the employer and the employee, and it grows tax-free until the employee withdraws it.

  • What are the limits on employer’s contribution to RPF and ASF under Section 36(1)?

The maximum amount that an employer can contribute under income tax to an RPF or ASF for an employee is 12% of the employee’s salary. However, there are some exceptions to this limit. For example, the maximum contribution is 15% of the employee’s salary if the employer is a government entity or a company that is engaged in infrastructure development.

  • When can an employer claim a deduction for its contribution to RPF or ASF under Section 36(1)?

The employer under income tax can claim a deduction for its contribution to RPF or ASF in the year in which it is actually paid. However, there is a condition. The contribution must be made before the due date for filing the income tax return for that year.

  • What are the documents required to claim a deduction for employer’s contribution to RPF or ASF under Section 36(1)?

The following documents are required to claim a deduction for employer’s contribution to RPF or ASF under Section 36(1):

* A certificate from the income tax RPF or ASF administrator stating the amount of contribution made by the employer.

* A copy of the income tax employee’s salary slips for the relevant year.

* A copy of the income tax return for the relevant year.

  • What are the penalties for non-compliance with Section 36(1)?

If an employer under income tax fails to make the required contribution to an RPF or ASF, it may be liable to pay a penalty of up to 50% of the amount of the default.

CASE LAWS

  • Checkmate Services Checkmate Services Pvt. Ltd. v. Commissioner of Income Tax, Salem (2016) 380 ITR 319 (SC): This case under income tax was about the deduction of contributions made by an employer to the Employees’ Provident Fund (EPF) on behalf of its contract laborers .The Supreme Court income tax held that the employer was entitled to a deduction under section 36(1) (VA) of the Income Tax Act for the contributions made to the EPF on behalf of its contract laborers, even though the contributions were not deducted from the salaries of the contract laborers.
  • CIT v. V.S.S.N. Textiles Ltd. (2014) 365 ITR 508 (Mad): This case of income tax was about the deduction of contributions made by an employer to a recognized provident fund (RPF). The Madras High Court held that the employer under income tax was entitled to a deduction under section 36(1)(iv) of the Income Tax Act for the contributions made to the RPF, even though the contributions were made in excess of the statutory limits.
  • CIT v. National Engineering Industries Ltd. (2009) 310 ITR 283 (Cal): This case under income tax was about the deduction of contributions made by an employer to an approved superannuation fund (ASF). The Calcutta High Court held that the employer was entitled to a deduction under section 36(1)(iv) of the Income Tax Act for the contributions made to the ASF, even though the contributions were made in excess of the statutory limits.

These are just a few of the many case laws on employers’ contribution to income tax recognized provident fund and approved superannuation fund under section 36(1) of the Income Tax Act, 1961. It is important to note that the law in this area is constantly evolving, so it is always advisable to consult with a tax advisor to ensure that you are taking advantage of all the deductions that you are entitled to.

In addition to the above case laws, here are some other relevant provisions of the Income Tax Act, 1961:

  • Section 2(24)(x): This section defines the term “income tax” to include any sum received by an employer from its employees as payment to any superannuation fund, pension schemes fund, a fund created under the terms of the ESI Act, or any other fund for the benefit of such employees.
  • Section 36(1)(iv): This section allows a income tax deduction in respect of any sum paid by the employer by way of contribution towards a recognized provident fund subject to limits prescribed in the recognition of the provident fund accorded by the Chief Commissioner or Commissioner of Income Tax.
  • Section 36(1) (VA): This section allows a income tax deduction in respect of any sum received by the assesses as a contribution from employees to their welfare fund, if the same is deposited with the provident fund within due date.
  • Checkmate Services Pvt. Ltd. v. Commissioner of Income Tax, Salem (2016) 380 ITR 319 (SC): This case was about the income tax deduction of contributions made by an employer to the Employees’ Provident Fund (EPF) on behalf of its contract laborers. The Supreme Court held that the employer was entitled to a deduction under section 36(1) (VA) of the Income Tax Act for the contributions made to the EPF on behalf of its contract laborers, even though the contributions were not deducted from the salaries of the contract laborers.
  • CIT v. V.S.S.N. Textiles Ltd. (2014) 365 ITR 508 (Mad): This case was about the income tax deduction of contributions made by an employer to a recognized provident fund (RPF). The Madras High Court held that the employer was entitled to a deduction under section 36(1)(iv) of the Income Tax Act for the contributions made to the RPF, even though the contributions were made in excess of the statutory limits.
  • CIT v. National Engineering Industries Ltd. (2009) 310 ITR 283 (Cal): This case was about the deduction of income tax contributions made by an employer to an approved superannuation fund (ASF). The Calcutta High Court held that the employer was entitled to a deduction under section 36(1)(iv) of the Income Tax Act for the contributions made to the ASF, even though the contributions were made in excess of the statutory limits.

These are just a few of the many case laws on employers’ contribution to recognized provident fund and approved superannuation fund under section 36(1) of the Income Tax Act, 1961. It is important to note that the law in this area is constantly evolving, so it is always advisable to consult with a tax advisor to ensure that you are taking advantage of all the deductions that you are entitled to.

In addition to the above case laws, here are some other relevant provisions of the Income Tax Act, 1961:

  • Section 2(24)(x): This section defines income tax the term “income” to include any sum received by an employer from its employees as payment to any superannuation fund, pension schemes fund, a fund created under the terms of the ESI Act, or any other fund for the benefit of such employees.
  • Section 36(1)(iv): This section allows a deduction of income tax in respect of any sum paid by the employer by way of contribution towards a recognized provident fund subject to limits prescribed in the recognition of the provident fund accorded by the Chief Commissioner or Commissioner of Income Tax.
  • Section 36(1) (VA): This section allows a deduction of income tax in respect of any sum received by the assesses as a contribution from employees to their welfare fund, if the same is deposited with the provident fund within due date.
  • Checkmate Services Pt. Ltd. v. Commissioner of Income Tax, Salem (2016) 380 ITR 319 (SC): This case was about the deduction of income tax contributions made by an employer to the Employees’ Provident Fund (EPF) on behalf of its contract laborers. The Supreme Court held that the employer was entitled to a deduction under section 36(1)(VA) of the Income Tax Act for the contributions made to the EPF on behalf of its contract laborers, even though the contributions were not deducted from the salaries of the contract laborers.

Leave a Reply

Your email address will not be published. Required fields are marked *