Superannuation Contribution Allowable if Paid Before Return Due Date and Fund Is Approved: ITAT [Read Order]
The tribunal observed that under settled legal principles, employees’ contributions are allowable if deposited before the due date for filing the return, subject to the fund being approved.
![Superannuation Contribution Allowable if Paid Before Return Due Date and Fund Is Approved: ITAT [Read Order]](https://images.taxscan.in/h-upload/2025/06/28/2055572-superannuation-contribution-itat-taxscan.webp "Superannuation Contribution Allowable if Paid Before Return Due Date and Fund Is Approved: ITAT [Read Order]")
The Ahmedabad Bench of Income Tax Appellate Tribunal ( ITAT ) ruled that superannuation fund contribution is allowable as a deduction if paid before the due date of filing the return and the fund is approved. Adani Infrastructure Management Services Ltd,appellant-assessee, filed its return of income for AY 2020-21 on 27.01.2021, declaring income of ₹30.59 crore. The return was...
The Ahmedabad Bench of Income Tax Appellate Tribunal ( ITAT ) ruled that superannuation fund contribution is allowable as a deduction if paid before the due date of filing the return and the fund is approved.
Adani Infrastructure Management Services Ltd,appellant-assessee, filed its return of income for AY 2020-21 on 27.01.2021, declaring income of ₹30.59 crore. The return was processed under Section 143(1), and an addition of ₹13.03 lakh was made under Section 36(1)(va) for delayed deposit of employees’ contributions of ₹11.03 lakh towards National Pension Scheme and ₹1.99 lakh towards Superannuation Fund.
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The assessee appealed before the Commissionerof Income Tax (Appeals)[CIT(A)], who deleted the disallowance related to the National Pension Scheme. For the Superannuation Fund, the CIT(A) directed the Assessing Officer (AO) to verify whether the fund was approved. If found approved and the payment was made before the due date of filing the return under Section 139(1), the disallowance was to be deleted.
The assessee, not fully satisfied, filed an appeal before the tribunal.
The two member bench comprising of Dr.BRR Kumar (Vice-President) and T.R.Senthil Kumar ( Judicial Member) noted that the main issue was whether the contribution of ₹1,99,992 to the Employees’ Superannuation Fund was eligible for deduction, as it was paid after the due date under the scheme but before the due date for filing the return under Section 139(1) of the Act.
The appellate tribunal noted that the payment was made before the due date for filing the return under Section 139(1), and this fact was not in dispute. It agreed with the CIT(A)’s observation that the key requirement for allowing the deduction was whether the fund was an “approved” Superannuation Fund under the Income Tax Act.
Relying on settled legal principles, the tribunal held that employees’ contributions deposited before the due date of filing the return are allowable, provided the fund is approved. Since the CIT(A) had already directed the AO to verify the fund’s approval status and allow the claim if approved, the ITAT found the order reasonable and upheld it.
Accordingly,the appeal filed by the assessee was allowed.
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