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2017 (8) TMI 1421 - RAJASTHAN HIGH COURTRetrospective effect of first proviso to section 43B - scope of Amendment to section 43B - omission [deletion] of the second proviso to Section 43-B – regarding restriction of deduction in respect of any sum payable by an employer by way of contribution to provident fund/superannuation fund or any other fund for the welfare of employees, unless it stood paid within the specified due date - Held that:- We have gone to the provisions of the Act. The purpose is to have a harmonious relation between the employer and the employee and when the statute has put interpretation, there cannot be an interpretation which create doubt inasmuch as he made the payment for the benefit of the employer. He is also to be taxed. In that view of the matter, when the court has to interpret the law, taxing statute has to see whether the object for which the provisions are brought in to give benefit to the employees to be achieved or to be discontinued by interpreting the same which is not beneficial to the employer-assessee. In that view of the matter, in the backdrop of the above clarification, we are of the opinion that the view taken by the Supreme Court in Allied Motors (1997 (3) TMI 9 - SUPREME COURT) and Alom (2009 (11) TMI 27 - SUPREME COURT), it is clear that it is a curative amendment which has to be given retrospective effect and the contention which has been raised by Mr. Jhanwar that it is for subsequent year and previous years and it was not restricted only for one year, should be accepted and we accept the same. - Decided in favour of assessee.
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