TMI Blog2013 (11) TMI 971X X X X Extracts X X X X X X X X Extracts X X X X ..... the Appellant : Mr. Sudhir M. Mehta, Advocate For the Respondent Mr. SN Soparkar, Sr. Advocate JUDGMENT ( Per : Honourable Mr. Justice M. R. Shah) [1] Feeling aggrieved and dissatisfied with the order dated 12.01.2007 passed by the Income Tax Appellate Tribunal, Ahmedabad (hereinafter be referred to as the ITAT ) in ITA No.2230/Ahd/2006 for AY 2003-2004, the revenue has preferred the present appeal with the following substantial question of law. Whether on the facts and circumstances of the case and in law, was the Appellate Tribunal is right in deleting the disallowance of belated payment of PF and ESIC, even though the specific provision in the form of Proviso to Section 43B of the I.T. Act existed in this regard? [2] H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffect by Financial Act, 2003 is made applicable with effect from 01.04.2004, assessee shall not be entitled to benefit of the same and the said provisions cannot be made applicable retrospectively. Consequently, the Assessing Officer did not allow the deduction and added the amount of assessee employers contribution into the income of the assessee in particular assessment year. Being aggrieved by the said order, the assessee preferred appeal before the CIT(A) and the learned CIT(A) deleted the addition made by the Assessing Officer and held that the assessee shall be entitled to claim benefit under section 43B of the Act. [5] Feeling aggrieved and dissatisfied with the order passed by the CIT(A), the revenue preferred the appeal being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the learned Tribunal has granted relief to the assessee with respect to the amount of provident fund which the assessee deposited with the department within extended grace period under the Provident Fund Act, it cannot be said that the learned Tribunal has committed any error in granting the reliefs, which calls for interference by this Court. Under particular Act or law, in the present case Provident Fund Act, if the assessee was entitled to make payment within the grace period and if within that grace period, its employer contributions have been deposited by the assessee, it cannot be said that the assessee has not deposited the amount with the department within the due date as prescribed under the Provident Fund Act. Under such circum ..... X X X X Extracts X X X X X X X X Extracts X X X X
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