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2003 (10) TMI 9 - HC - Income TaxDeduction in respect of the contributions made to PF, EPF, DLI and ESI - Whether Tribunal was justified in deleting the disallowances made under section 43B read with the second proviso thereto and the Explanation below clause (va) of sub-section (1) of section 36(1) of the Act in spite of the fact that the payments in respect of PF, EPF, DLI and ESI, etc., were not paid within the due date specified?" – Held that order of tribunal is set aside to the extent the Tribunal has allowed the deduction claimed by the assessee in respect of the contributions towards ESI, PF, etc., by misplacing reliance on equity by holding that because of the omission of the expression "during the previous year" in the second proviso to section 43B, so long as the payments were made within the previous year the payments are to be allowed as deduction under the main section even though the payments are made a few days later than the due date is reckoned qua the month for which the salary has been paid
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