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TMI Blog2017 (11) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... urav Mahajan, S.S.C.I.T. ORDER This is an Income Tax Appeal against the judgment and order of the Tribunal dated 30.06.2004 in ITA No. 86/Del/2001 for assessment year 1993-94. The appellant is a public limited company and is in the business of manufacturing and selling Indian Made Foreign Liquor and Country Liquor. The appellant filed return of the income for assessment year 1993-94 where the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as per the requirement of the scheme. The payment of provident fund contemplated under the Employees Provident Fund Scheme, 1952 Rule 38 reads as under; "38. Mode of payment of contributions (1) The employer shall, before paying the member his wages in respect of any period or part of period for which contribution are payable, deduct the employee's contribution from his wages which togethe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itled to such deduction. The tribunal while disallowing the appeal has categorically held that deduction under to proviso to Section 43-B is allowable on certain condition which condition has not been fulfilled by the appellant therefore no deduction can be claimed. Learned counsel for the appellant has relied upon several decisions in the case of Commissioner of Income tax vs. Alom Extrusions Li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 the deduction in view of the proviso to Section 43-B. The authorities have rightly recorded the finding of fact which does not require to interfere by this Court.
The appeal is, accordingly, dismissed. X X X X Extracts X X X X X X X X Extracts X X X X
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