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2016 (8) TMI 100 - HC - Income TaxDisallowance of employer's and employee's contributions of PF and ESI - amount paid within the due date of filing return of income under Section 43B and Section 2(24)(x) read with Section 36 (1) (va) of the Act? - Held that- Where the assessee was entitled to make payment under the Provident Fund Act within grace period and that if within that grace period, the contribution has been deposited by the assessee, it cannot be said that assessee has not deposited the amount within due dates, as prescribed under the Provident Fund Act and consequently, the assessee was entitled to get deduction of the amount contributed. See The Commissioner of Income Tax Versus Amoli Organics (P) Ltd. [2013 (11) TMI 971 - GUJARAT HIGH COURT ] . Hence, the order passed by the Tribunal dated 02.01.2007 and by the Assessing Officer dated 24.02.2006 are quashed and set aside. The matter is remitted to the Assessing Officer for consideration of the first question afresh in light of the aforementioned judgment of this Court. Whether, the omission of second proviso to Section 43B by Finance Act, 2003 being curative in nature has retrospective effect or not? - Held that:- The issue s also settled by the judgment of this Court rendered in CIT v. Cadila Pharmaceuticals Ltd., [2013 (12) TMI 1591 - GUJARAT HIGH COURT] wherein, it has been held that in view of retrospective amendment in first proviso to section 43B, the Tribunal was justified in deleting disallowance in respect of unpaid PF / ESI amount, which remained unpaid even during grace period available. Thus, the second issue is answered in favour of the assessee
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