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The Commissioner of Income Tax Ahmedabad – IV Versus Satellite Engineering Ltd.

2015 (11) TMI 188 - GUJARAT HIGH COURT

Disallowance u/s.43B - employer and employees contribution to P.F. And E.S.I. made beyond the due date - ITAT deleted the addition - Held that:- Insofar as the employer's contribution to PF and ESI is concerned, the Supreme Court in the case of Commissioner of Income Tax, Kolkata-III v. Alom Extrusions Limited (2009 (11) TMI 27 - SUPREME COURT) has held that the proviso to section 43B of the Act which came to be introduced with effect from 1.4.2004 is retrospective in operation. The proviso to s .....

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er's contribution before the due date for furnishing the return of income, the Tribunal was justified in deleting the disallowance made by the assessing officer under section 43B of the Act.

Insofar as the employees' contribution is concerned, this court in the case of Commissioner of Income Tax II v. Gujarat State Road Transport (2014 (1) TMI 502 - GUJARAT HIGH COURT) has held that considering section 36 (1) (va) of the Act read with sub-clause (x) of clause (24) of section (2), with .....

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sallowances being employees' contribution to PF account/ ESI account made by the Assessing Officer as such sums were not credited by the respective assessee to the employees' accounts in the relevant fund or funds on or before the due date as per explanation to section 36 (1) (va) of the Act, that is, the due date by which the concerned assessee was required as an employer to credit the employees' contribution to the employees' account in the provident fund under the Provident Funds Act and/or t .....

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uot;) came to be admitted by an order dated 19.3.2008 on the following substantial question of law:- "Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by the CIT (A) in deleting the disallowance of ₹ 4,54,964/- made by the Assessing Officer u/s.43B of the Act in respect of the employer and employees contribution to P.F. And E.S.I. Which were made beyond the due date?" 2. The assessment year is 2003-04 and the relevant accounting period is .....

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of the amendment to section 43B by the Finance Act 2003, no disallowance requires to be made. The Assessing Officer did not accept the submission of the assessee on the ground that the amendment made by the Finance Act 2003 is effective from assessment year 2004-05, whereas the disallowance was made in assessment year 2003-04. The assessee carried the matter in appeal before the Commissioner (Appeals), who allowed the appeal and deleted the disallowance. Revenue carried the matter in appeal befo .....

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o the employees' contribution. It was submitted that insofar as the controversy relating to first part of the question, viz., the employer's contribution is concerned, the same stands concluded in favour of the assessee by the decision of the Supreme Court in the case of Commissioner of Income Tax Kolkatta-III v. Alom Extrusions Limited, (2009) 319 ITR 306 (SC) , whereas insofar as the controversy involved in the second part of the question, viz. Employees' contribution is concerned .....

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tion, both of which have been disallowed on the ground that the same have not been submitted within the period prescribed under the Act. However, it is an admitted position that the payments have been made before the due date of filing of return. 6. Insofar as the employer's contribution to PF and ESI is concerned, the Supreme Court in the case of Commissioner of Income Tax, Kolkata-III v. Alom Extrusions Limited (supra) has held that the proviso to section 43B of the Act which came to be in .....

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eturn. In the present case, the assessee having actually paid the amount of employer's contribution before the due date for furnishing the return of income, the Tribunal was justified in deleting the disallowance made by the assessing officer under section 43B of the Act. 7. Insofar as the employees' contribution is concerned, this court in the case of Commissioner of Income Tax II v. Gujarat State Road Transport (supra) has held that considering section 36 (1) (va) of the Act read with .....

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