Labour Law, Social Security & Checkmate Tax Evaluator
Model EPF and ESI monthly employer/employee wage splits, calculate Supreme Court Checkmate Services Section 36(1)(va) permanent tax disallowances on delayed deposits, estimate Payment of Gratuity 15/26 liabilities, and screen POSH Internal Committee (IC) and CLRA contractor joint liabilities. Computations execute 100% locally in your browser with zero server data storage under the DPDP Act 2023.
Workforce & Payroll Parameters
Direct permanent / probation staff
Contract staffing deployed via agencies
EPF wage computation base
HRA, conveyance & special allowance
Governs Section 36(1)(va) disallowance
For gratuity vesting & liability estimation
Determines POSH Internal Committee (IC) composition and crèche mandates
Statutory Diagnostics
Live Audit SimulationEPF & ESI Statutory Outflow
Statutory monthly deductions and employer matching contributions under EPF and ESI Acts.
On-Time Remittance Verified
Employee contribution deposited on or before the 15th qualifies for full deduction under Section 36(1)(va).
15/26 Statutory Liability
Calculated under the 15/26 formula: (Basic x 15 x Tenure / 26) with ₹20 Lakh statutory ceiling per employee.
CLRA Section 21(4) imposes joint liability for contractor defaults. Board Report must disclose POSH complaints under Companies Act § 134(3)(q).
Companies Act § 138 Internal Audit, § 135 CSR & Rule 8A CS thresholds.
New § 115BAC (Finance Act 2024 / Act 2025) vs Old Regime salary tax analysis.
Statutory Framework for Labour Laws, Social Security & Payroll Governance
1. The Supreme Court Landmark Mandate: Section 36(1)(va) vs Section 43B
In Checkmate Services Pvt. Ltd. v. CIT [2022] 448 ITR 518 (SC), the Supreme Court definitively resolved that Section 43B(b) applies strictly to the employer's own statutory contributions. Employee contributions deducted from salaries are held in fiduciary trust under Section 2(24)(x) and must be deposited on or before the due date specified under the EPF/ESI statutes (15th of the following month). Deposits made after the 15th are permanently disallowed under Section 36(1)(va) and added back to taxable corporate income, with zero possibility of deduction in future years.
2. Form 3CD Clause 20(b) & CARO 2020 Clause vii(a) Reporting
Under Section 44AB of the Income-tax Act, the Tax Auditor must list every delayed deposit in Clause 20(b) of Form 3CD. The Centralized Processing Centre (CPC) automatically extracts these figures during Section 143(1) processing and issues tax demand notices. Concurrently, under CARO 2020 Clause vii(a), the statutory auditor must report on the regularity of undisputed statutory dues and specifically highlight any dues remaining unpaid for more than six months from the payable date.
3. Contract Labour (CLRA) Section 21(4) Principal Employer Liability
Establishments deploying 20 or more contract workers must obtain Form I Principal Employer registration. Under Section 21(4) of the CLRA Act, if a manpower agency or security contractor fails to disburse wages or deposit statutory PF/ESI, the Principal Employer is legally and financially bound to discharge the liabilities directly to the workers and statutory funds. Management must conduct rigorous monthly vendor challan reconciliations before clearing vendor invoices.
4. POSH Act 2013 & Board Governance under Companies Act § 134(3)(q)
Every workplace employing 10 or more persons must constitute an Internal Committee (IC) headed by a senior woman employee, with at least 50% female representation and an independent external member from an NGO or legal background. An annual return must be submitted to the District Officer by January 31, and all companies must incorporate mandatory statutory disclosures regarding POSH complaints in their Directors' Report under Section 134(3)(q) read with Rule 8(5)(x) of the Companies (Accounts) Rules, 2014.
Require Labour Compliance Audit or Checkmate Tax Defense?
Consult our Labour Law & Payroll Governance Practice Desk for Section 36(1)(va) pre-audits, Form 3CD defense, and AS 15 Gratuity valuations.