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2018 (7) TMI 488 - HC - Income TaxAddition u/s 43B - appellant was admittedly accounting for the expenditure on a cash basis - second proviso to Section 43B - P.F. contribution by employer - Held that:- The issue of the deletion of the second proviso to Section 43B now stands concluded in favour of the appellant – assessee by the decision in the case of Commissioner of Income Tax Vs. Alom Extrusions Limited (2009 (11) TMI 27 - SUPREME COURT) as held that the omission made by the Finance Act, 2003 by deletion of second proviso to section 43B would operate retrospectively from 1st April 1988 from the time it was first introduced. Thus, in the absence of the second proviso to Section 43B of the Act, the only requirement of the statute is that the payment to the various funds should be made before the filing of the return of income under Section 139(1) as required by the first proviso thereof. It is an undisputed position before us that this condition is satisfied in this case. So far as the payment of the employees' contribution to P.F. is concerned, it would also be covered by the first proviso to Section 43B of the Act. It has been so held by this Court in the case of CIT Vs. Ghatge Patil Transport Limited [2014 (10) TMI 402 - BOMBAY HIGH COURT] wherein this Court held that the Apex Court decision in the case of Alom Extrusions (2009 (11) TMI 27 - SUPREME COURT) would apply. - Decided in favour of assessee.
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