TMI Blog2014 (8) TMI 731X X X X Extracts X X X X X X X X Extracts X X X X ..... with the impugned judgment and order dated 27.09.2013 passed by the learned Income Tax Appellate Tribunal (hereinafter referred to as Tribunal ) in ITA No.371/Ahd/2013 for Assessment Year 200910, the Revenue has preferred the present tax appeal to consider the following proposed substantial questions of law. 2(i) Whether on the facts and circumstances of the case and in law, the ITAT was justified in upholding the deletion of disallowance of ₹ 19,39,017/u/ s 40(a)(ia) of the Income-tax Act, 1961 by the CIT(A) holding that if the TDS payment is made before the due date of filing of the return of income, then the same is allowable as an expenditure, without considering the fact that the relevant portion of the Memorandum explaining ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... without appreciating that the provisions of Section 40(a)(ia) substituted by the Finance Act, 2008 with retrospective effect from 01.04.2005 had not been withdrawn or rescinded by the amendment by Finance Act, 2010 and hence stood rightly applied by the Assessing Officer? (iv) Whether on the facts and circumstances of the case and in law, the ITAT was justified in upholding the deletion by the CIT(A) of disallowance of employees contribution towards P.F. and ESIC of ₹ 3,14,12,313/and provision for employees contribution towards P.F. ESIC of ₹ 43,88,453/, relying on the decision of the Hon ble Supreme Court in the case of Alom Extrusions Ltd. reported in 319 ITR 306 (SC), without appreciating the fact that in the case of A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Alom Extrusions Ltd. reported in 319 ITR 306 (SC), without appreciating that with respect to the sum received by the assessee from any of his employees to which provisions of subclause (x) of clause (24) of Section 2 apply, the assessee shall be entitled to deduction in computing the income referred to in Section 28 with respect to such sum credited by the assessee to the employees account in the relevant fund or funds on or before the due date mentioned in Explanation to Section 36(1)(va), as held by the Hon ble Gujarat High Court in the case of Gujarat State Road Transport Corporation reported at [2014] 41 Taxmann.com 100 (Gujarat)? Now, so far as the proposed substantial questions of law No.2(i) to 2(iii) are concerned, Shri Par ..... X X X X Extracts X X X X X X X X Extracts X X X X
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