2010 (11) TMI 386 - PUNJAB AND HARYANA HIGH COURT

Addition - Payment of ESI deposited beyond the due date - The issue relating to retrospective operation of the omission of the second proviso to section 43B of the Act was considered by the Supreme Court in CIT v. Alom Extrusions Ltd. [2009 -TMI - 27 - SUPREME COURT] wherein it was held that it is curative in nature and would apply retrospectively, with effect from April 1, 1988 - Hence, the Tribunal was right in allowing the claim of the assessee in respect of payments made for ESI contributions and the same could not be disallowed under section 43B of the Act - The question of law is, thus, answered against the Revenue and in favour of the assessee.