2013 (2) TMI 41 - HC - Income Tax

Addition made u/s 2(24)(x) read with Section 36(1)(va) – Delay in payment of employees' contribution to PF – Disallowance u/s 43B read with section 36(1)(iv) – Delay in payment of employer's contribution of PF & ESI – Held that:- Following the decision in case of Alom Extrusions Limited (2009 (11) TMI 27 - SUPREME COURT) wherein it has been held that Second Proviso to Section 43B omitted by F.A, 2003 with effect from 1.4.2004 was clarificatory in nature and was to operate retrospectively. Once that is so, the respondent-assessee was entitled to deduction in respect of employer and employee's contribution to ESI and Provident Fund as the same had been deposited prior to the filing of the return u/s 139(1). In favour of assessee