TMI Blog2018 (7) TMI 488X X X X Extracts X X X X X X X X Extracts X X X X ..... ence of the second proviso to Section 43B of the Act, the only requirement of the statute is that the payment to the various funds should be made before the filing of the return of income under Section 139(1) as required by the first proviso thereof. It is an undisputed position before us that this condition is satisfied in this case. So far as the payment of the employees' contribution to P.F. is concerned, it would also be covered by the first proviso to Section 43B of the Act. It has been so held by this Court in the case of CIT Vs. Ghatge Patil Transport Limited [2014 (10) TMI 402 - BOMBAY HIGH COURT] wherein this Court held that the Apex Court decision in the case of Alom Extrusions (2009 (11) TMI 27 - SUPREME COURT) would apply. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the relevant time. Therefore, it is urged that this reframed question of law as urged is a substantial question of law and a subject matter of consideration by the impugned order. We are satisfied that the proposed reframed question of law is a substantial question of law and therefore in terms of the proviso to sub-section 4 of section 260A of the Act, we allow the question to be raised and admit the same as a substantial question of law. 5. Mr. Suresh Kumar, Learned Counsel appearing for the Revenue has no objection to the same being considered and disposed of finally today. 6. Thus, the following two substantial questions of law arise for our consideration : 1. Whether the Tribunal was justified in upholding the disallowan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w of the second proviso to section 43B as existing in the previous year relevant to the subject Assessment Year 1988-89, the appellant would be dis-entitled to claim benefit of section 43B of the Act in respect of the above payments. (c) However, with effect from 1st April, 2004 by the Finance Act, 2003 the second proviso to Section 43B of the Act, has been omitted. It is submitted that the above omission would operate retrospectively. Thus, entitling the appellate to its benefit. (d) Mr. Joshi, learned Counsel appearing in support of the appeal states that the issue of the deletion of the second proviso to Section 43B of the Act now stands concluded in favour of the appellant assessee by the decision of the Supreme Court in the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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