Can delayed payment of employees’ share of Provident Fund, ESIC etc be allowed under Section 36(1)(va) of the IT Act?

The answer is in the negative. In Checkmate Services Private Limited 2022 (448) ITR 518 (SC), the Supreme Court has held that the deduction of the employees’ share can be allowed under Section 36(1)(va) of the IT Act, only if such share was deposited before the time limit under the respective statutes and not before the due date under Section 139(1) of the IT Act.