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2019 (4) TMI 1131 - HC - Income TaxDisallowance u/s 43B - deposit of contribution of PF and ESIC - HELD THAT:- Interpretation of the Proviso to Section 43B of the Income Tax Act,1961, which was omitted by the Finance Act,2003, with effect from 01.04.2004, was held by the Hon'ble Supreme Court to be applicable retrospectively from 01.04.1988, in the case of Commissioner of Income Tax, Kolkata-III v. Alom Extrusions Limited M/S. ALOM EXTRUSIONS LIMITED [2009 (11) TMI 27 - SUPREME COURT]. We allow the present Appeal of the Assessee, set aside the impugned order passed by the learned Tribunal and remand the matter back to the learned Tribunal for deciding the Appeal afresh in accordance with the law pronounced by the Hon'ble Supreme Court in the aforesaid case of Alom Extrusions Limited within a period of six months from today.
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