2013 (4) TMI 696

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..... DER R. S. Syal (Accountant Member).- This appeal by the assessee is directed against the order passed by the Commissioner of Income-tax (Appeals) on August 16, 2011 in relation to the assessment year 2007-08. 2. Ground No. 1 of the appeal is against the confirmation of disallowance of Rs. 2,47,214 on account of the employer's contribution to provident fund, etc., under section 43B and groun .....

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..... made disallowance for the abovesaid two sums, which came to be upheld in the first appeal. 4. After considering the rival submissions and perusing the relevant material on record, we find that the hon'ble Supreme Court in the case of CIT v. Alom Extrusions Ltd. [2009] 319 ITR 306 (SC) has held that the amendment to the first proviso and omission of the second proviso to section 43B by the Fi .....

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..... e not paid before due date of filing the return for the assessment year 2006-07, naturally the deduction would be available on payment of such amounts falling within the previous year relevant to the assessment year under consideration. We, therefore, overturn the impugned order on this issue and order for the deletion of both additions. 5. In the result, the appeal is allowed. The order pronoun .....

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