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2013 (11) TMI 134 - AT - Income TaxDisallowance of amount paid to EPF – Held that:- Following CIT –vs.- Alom Extrusions Ltd. [2009 (11) TMI 27 - SUPREME COURT] – Retrospective amendment to section 43B - The second proviso resulted in implementation problems and which resulted in the enactment of Finance Act, 2003, deleting the second proviso and bringing about uniformity in the first proviso by equating tax, duty, cess and fee with contributions to welfare funds. Once this uniformity is brought about in the first proviso, then, the Finance Act, 2003, which is made applicable by the Parliament only with effect from 1st April, 2004, would become curative in nature, hence, it would apply retrospectively with effect from 1st April, 1988 - Remit the matter to the file of the Assessing Officer for deciding the matter afresh. Disallowance u/s. 40(a)(ia) – Held that:- Following Merilyn Shipping & Transport –vs. – ACIT [2012 (4) TMI 290 - ITAT VISAKHAPATNAM ] – Matter restored to the file of Assessing Officer for adjudication denovo - Decided in favour of assessee.
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