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TMI Blog2013 (12) TMI 1591X X X X Extracts X X X X X X X X Extracts X X X X ..... er the Appellate Tribunal is right in law and on facts in deleting the disallowance made u/s.43B(b) read with second proviso, in respect of unpaid PF/ESI amount which remained unpaid even during the grace period available? (B) Whether the Appellate Tribunal is right in law and on facts in directing the Assessing Officer to recompute interest u/s.234B after allowing credit of MAT?" 2. That the assessee filed the return of income for the assessment year 2001-02 as a total income of Rs. 2,80,86,670/-. However, the tax was paid under section 115JB of the Income Tax Act, 1961 [hereinafter referred to as "Act"] as MAT at Book Profit of Rs. 14,34,81,161. Thereafter the revised return of income was filed at total income of Rs. 2,96,01,803/- and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Incorrect higher computation of interest u/s.234-B and C. 2.1 Feeling aggrieved and dissatisfied with the order passed by the AO making disallowances / additions on the aforesaid counts, the assessee preferred appeal before the learned CIT(A) and the learned CIT(A) vide order dated 10.01.2005 dismissed the said appeal confirming the disallowance/additions made by the AO. However, directed the AO to charge the interest under section 234B only after allowing the credit of MAT. 2.2 Feeling aggrieved and dissatisfied with the order passed by the learned CIT(A), the assessee preferred appeal before the learned ITAT insofar as the order passed by the learned CIT(A) confirming the disallowance/additions made by the AO on the aforesaid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the case of CIT v. Alom Extrusions Ltd. [2009] 319 ITR 306/185 Taxman 416. It is required to be noted that it was the case with respect to employer's contribution as per section 43B(b) of the Act and it is not in dispute that employer's contribution with respect to PF/ESI amount was as such deposited before the due date of filing of the return under section 139 of the Act. Considering the fact that second proviso to section 43B came to be deleted and as per the decision of the Hon'ble Supreme Court in the case of Aloma Extrusions Ltd. (Supra), the deletion of second proviso to section 43B of the Act and amendment in the first proviso to section 43B is held to be retrospective in operation, it cannot be said that the learned Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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