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2015 (10) TMI 1516 - GUJARAT HIGH COURT

2015 (10) TMI 1516 - GUJARAT HIGH COURT - TMI - Addition under section 43B - failure to make provident fund contribution payments on due dates - ITAT deleted the addition - Held that:- Second proviso to section 43B of the Act came to be deleted and the first proviso came to be amended with effect from assessment year 2004-05. The amended first proviso provided that nothing contained in that section shall apply in relation to any sum which is actually paid by the assessee on or before the due dat .....

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effect from 1st April, 2004 is retrospectively applicable with effect from 1st April, 1988. The controversy involved in the present case stands concluded by the above decision which would be squarely applicable to the facts of the present case. Under the circumstances, the view adopted by the Tribunal being in consonance with the law laid down by the Supreme Court in the above decision, it cannot be said that there is any infirmity in the impugned order passed by the Tribunal in upholding the or .....

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ue has called in question the order dated 17.4.2009 passed by the Income Tax Appellate Tribunal in I.T.A No.1753/Ahd/2005. 2. While admitting the appeal, this court by an order dated 26.4.2011 had formulated the following question of law :- Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by CIT (A) in deleting the addition of ₹ 5,67,514/- made under section 43B of the Income Tax Act ? 3. The assessment year is 2001-2002 and the relevant accounting .....

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e for the year and held that the payment of P.F. amount was allowable expenditure. He, accordingly, deleted the disallowance. The revenue carried the matter in appeal before the Tribunal but did not succeed. 4. Heard Mr. Sudhir Mehta, learned senior standing counsel for the appellant and Mr. S. N. Divatia, learned counsel for the respondent. In the light of the view that the court is inclined to take in the matter it is not necessary to set out the facts and contentions in detail. 5. Vide Financ .....

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