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2010 (2) TMI 950 - AT - Income TaxWhether delayed payment of provident fund/Employees State Insurance Corporation contribution can be subjected to a disallowance under section 43B in the course of rectification proceedings – Held that:- Even if employees’ contribution to provident fund is paid beyond the due date but before the filing of the income-tax return, disallowance under section 43B cannot be resorted to - Assessing Officer has made disallowance by way of rectification order and that disallowance is to be examined by us on the touchstone of applicability of the legal position. Merely because similar disallowance has reached finality in the past it cannot work as an estoppel against law - if that legal position does not support the disallowance, the rectification order by way of which disallowance has been made cannot be approved either - Addition deleted - In favor of assessee
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