TMI Blog2003 (10) TMI 606X X X X Extracts X X X X X X X X Extracts X X X X ..... nue is directed against the order of CIT(A)-XXVII, Mumbai. 2. The only ground raised by the Revenue reads as under: "On the facts and in the circumstances of the case, the learned CIT(A) erred in law in deleting the addition of Rs. 1,85,244 on account of ESIC and PF payments by erroneously adopting the due date under the P.F. Act as 20th of the succeeding month, whereas the due date under t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance Act, 2003 w.e.f. 1-4-2004. That proviso to section 43B was inserted by the Finance Act, 1987. That the Hon ble Apex Court in the case of Allied Motors (P.) Ltd. v. CIT [1997] 224 ITR 677 (SC) examined whether the above proviso is clarificatory and therefore, should be treated as retrospective in operation or not. The Hon ble Apex Court came to the conclusion that the proviso is clarifica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e sum of ESIC and PF has been paid much before the due date for filing of the return and therefore no disallowance is called for. The learned D.R. has relied upon the order of the Assessing Officer. 4. After considering the arguments of both the sides and the facts of the case, we find force in the argument of the learned Counsel. The Hon ble Apex Court in the case of Allied Motors (P.) Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding proceedings. We, accordingly, respectfully following the ratio of the decision in the case of Allied Motors (P.) Ltd. ( supra ) hold that the 1st proviso as modified by the Finance Act, 2003 would be applicable to all pending proceedings. As per the 1st proviso, anything contained in section 43B would not apply in relation to any sum, which is actually paid by the assessee on or before the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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