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TMI Blog2015 (1) TMI 1069X X X X Extracts X X X X X X X X Extracts X X X X ..... present Tax Appeals. 1.1 These appeals were admitted by this Court for consideration of the following substantial question of law: TAX APPEAL NO. 1385 OF 2008 Whether the Tribunal is right in law in holding that due date for payment of employers contributions to PF etc for the purpose of disallowance u/s. 43B(b) of the IT Act, 1961 at Rs. 1,91,28,665/- is not to be reckoned with reference to date of actual payment of salaries/wages but with reference to close of the concerned month to which salaries/wages pertain? TAX APPEAL NO. 1387 OF 2008 Whether the Tribunal is right in law in holding that due date for payment of contributions to PF etc for the purpose of disallowance u/s. 43B(b) of the IT Act, 1961 at Rs. 46,78,226/- is not to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of Commissioner of Income Tax Vs. Alom Extrusions Ltd., [2009] 319 ITR 306 (SC) to submit that the controversy involved in the present case stands concluded by the said decision. He submitted this Court vide jdugement and order dated 16.06.2011 passed in Tax Appeal No. 451 of 2007 has relied upon the said decision and answered the question of law in favour of the assessee. 4. Having heard learned advocates for the parties we are of the opinion that the Tribunal was not justified in coming to the conclusion that payment of employer's contribution to P.F., ESI etc is not to be reckoned with reference to date of disbursement or payment of salaries/wages but with reference to close of the month to which salaries/wages pertain. In an i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gislation, and if another construction is possible apart from the literal construction, then that construction should be preferred. (6) The aforesaid decision of the Supreme Court would be squarely applicable to the facts of the case. In the circumstances, following the aforesaid decision, the question is answered accordingly, that is, in favour of the assessee and against the revenue. The Appellate Tribunal is right in law and on facts in deleting the disallowance made under section 43B of Rs. 51,05,963/- being late payment of the employer's contribution to provident fund. The appeal is, accordingly, dismissed with no order as to costs." 5. In view of the above, since the issue has already been concluded by the Apex Court as well as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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