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2019 (11) TMI 459 - AT - Income TaxDisallowance made in respect of remittance of employees contribution towards EPF/ESI - Addition u/s 36(1)(va) r.w.s. 2(24)(x) - HELD THAT:- Tribunal has rightly relied on the decision of the Supreme Court in the case of CIT V. Alom Extrusions Ltd. [2009 (11) TMI 27 - SUPREME COURT] whereby, the Supreme Court held that omission of second proviso to Section 43B and amendment to first proviso by Finance Act, 2003 are curative in nature and are effective retrospectively, i.e., with effect from 1.4.1988 i.e., the date of insertion of first proviso. The Delhi High Court in the case of CIT V. Aimil Ltd. [2009 (12) TMI 38 - DELHI HIGH COURT] held that if the assessee had deposited employee's contribution towards Provident Fund and ESI after due date as prescribed under the relevant Act, but before the due date of filing of return under the Income Tax Act, no disallowance could be made in view of the provisions of Section 43B as amended by Finance Act, 2003. Appeal filed by the Assessee is allowed.
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