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SHRIRAM MATHURBHAI PATEL Versus INCOME TAX OFFICER

2016 (8) TMI 100 - GUJARAT HIGH COURT

Disallowance of employer's and employee's contributions of PF and ESI - amount paid within the due date of filing return of income under Section 43B and Section 2(24)(x) read with Section 36 (1) (va) of the Act? - Held that- Where the assessee was entitled to make payment under the Provident Fund Act within grace period and that if within that grace period, the contribution has been deposited by the assessee, it cannot be said that assessee has not deposited the amount within due dates, as presc .....

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this Court. - Whether, the omission of second proviso to Section 43B by Finance Act, 2003 being curative in nature has retrospective effect or not? - Held that:- The issue s also settled by the judgment of this Court rendered in CIT v. Cadila Pharmaceuticals Ltd., [2013 (12) TMI 1591 - GUJARAT HIGH COURT] wherein, it has been held that in view of retrospective amendment in first proviso to section 43B, the Tribunal was justified in deleting disallowance in respect of unpaid PF / ESI amount, .....

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he Income Tax Appellate Tribunal, Ahmedabad in ITA Nos.1917 to 1919/Ahd/2006 raising the following substantial questions of law for our consideration: [A] Whether, in the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in law in confirming the action of Respondent in disallowing employer's and employee's contributions of PF and ESI paid within the due date of filing return of income under Section 43B and Section 2(24)(x) read with Section 36 (1) (va) of t .....

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36 (1) (va) of the Act? II. Whether, the omission of second proviso to Section 43B by Finance Act, 2003 being curative in nature has retrospective effect or not? 3. The issues raised in all the three appeals are similar but, for the purpose of this judgment, Tax Appeal No.997/2007 is taken as the lead matter; 3.1 The assessee is engaged in the activity of supply of manpower for housekeeping and for material uploading and unloading. filed the return of income on 17.10.2003 declaring total income .....

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erred appeals before the CIT(A). The said appeals were partly allowed by order dated 30.06.2006. Being dissatisifed with the order of CIT(A), the Revenue preferred appeals before the Tribunal. The Tribunal allowed the appeals filed by it and restored the order passed by the Assessing Officer, vide order dated 02.01.2007. Hence, these appeals at the instance of assessee. 4. We have heard learned counsel for both the sides and perused the documents on record. 5. Learned counsel for the assessee su .....

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contribution was deposited with the provident fund authority on behalf of the assessee before the due date of filing of return, they were entitled to deduction u/s.43B. The Assessing Officer did not accept the above claim and held that as the amendment in section 43B was brought into effect from 01.04.2004, the assessee would not be entitled to benefit of the same for the assessment year in question as the provisions cannot be made applicable retrospectively. The Assessing Officer, thus, disall .....

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