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2016 (6) TMI 969 - AT - Income TaxScope of rectification - whether the prior period loss which was claimed and allowed as deduction in the assessment proceedings u/s 143(3) of the Act, could be allowed or not in the present assessment year on payment basis cannot be examined in the proceedings u/s 154 of the Act? - Held that:- In any event the claim of the assessee that there was actual payment of the aforesaid sum during the previous year and the loss in question is allowable as deduction u/s 43B(c ) of the Act was not considered by the AO in the order u/s 154 of the Act. In any event this is a debatable issue and therefore proceedings u/s 154 of the Act cannot be appropriate As far as the employee’s contribution to PF and ESI is concerned the question is as to whether analogy of section 43B of the Act is applicable to the employer’s contribution can be extended to employee’s contribution u/s 36(1)(va) of the Act is a debatable issue. A series of case laws on this issue would also show that this issue is highly a debatable one and outside the purview of the proceedings u/s 154 of the Act. - Decided against revenue
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