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2014 (10) TMI 1049 - AT - Income TaxDisallowance of employees contribution of provident fund & ESI in computing taxable total income - Contribution remitted beyond the due date for payment but within the due date for filing of return applying the provisions of section 43B - HELD THAT:- This issue has been decided in favour of the assessee by various High Courts following the decision in the case of CIT Vs.Alom Extrusions Ltd [2009 (11) TMI 27 - SUPREME COURT] held that omission of second proviso to section 43B and amendment of first proviso by Finance Act, 2003 are curative in nature and are effective retrospectively and thus with effect from 1.4.1988 i.e. the date of insertion of first proviso. The co-ordinate Bench of this Tribunal considering a similar issue in the case of M/s. Venkateswara Electrical Industries P.Ltd. Vs. DCIT [2014 (8) TMI 960 - ITAT CHENNAI] following the decision of Amil Ltd. [2014 (8) TMI 960 - ITAT CHENNAI] held that even the employees contribution to provident fund is to be allowed as deduction if it is paid within due date for filing of return - Decided in favour of assessee.
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