TMI Blog2017 (11) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... corner of the proviso of Section 43-B which unfortunately the appellant does not fulfil, therefore, the aforesaid judgments does not rescue the appellant. We have considered the submission of learned counsel for the appellant as well as learned counsel for the revenue, we are of the opinion that the Tribunal has arrived at right conclusion in rejecting the claim of the appellant for claim of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deduction on account of payment of Provident Fund and Employee State Insurance under Section 43-B of the Income Tax Act. It is to be noted that the proviso to Section 43-B which allows deduction on actual payment before the due date has now been deleted from 01.04.1989 by amending Finance Act, 2003 with effect from 01.04.2004. The claim of the appellant is that for the relevant assessment year, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... own contribution as well as an administrative charge of such percentage of the pay (basic wages, dearness allowance, retaining allowance, if any, and cash value of food concessions admissible thereon) for the time being paybale to the employees other than an excluded employee and in respect of which provident fund contributions are payable, as the Central Government may fix, he shall within fifte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reported in (2010) 1 SCC 489, Commissioner of Income Tax vs. Nipso Polyfabriks Ltd. reported in [2013] 350 ITR 327 (HP) and in the case of Commissioner of Income Tax vs. Aimil Ltd. reported in [2010] 321 ITR 508 (Delhi). In all the three decisions, courts have held that the proviso which has been deleted will have a curative and retrospective effect. In the present case, no dispute with regard to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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