TMI Blog2019 (4) TMI 1131X X X X Extracts X X X X X X X X Extracts X X X X ..... atter back to the learned Tribunal for deciding the Appeal afresh in accordance with the law pronounced by the Hon'ble Supreme Court in the aforesaid case of Alom Extrusions Limited within a period of six months from today. - T.C.A.No.2416 of 2008 - - - Dated:- 25-2-2019 - Dr. Justice Vineet Kothari And Mr. Justice C.V. Karthikeyan For the Appellant : Mr.P.Ravishankar Rao, for Mr.S.Balaji. For the Respondent : Mr.T.R.Senthil Kumar, Senior Standing Counsel, assisted by Mrs.K.G.Usha Rani, Junior Standing Counsel. JUDGMENT DR.VINEET KOTHARI, J . 1. Both the learned counsel fairly submit that the controversy about the interpretation of the Proviso to Section 43B of the Income Tax Act,1961, which was omitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Section 43B of the Act. Therefore, the disallowance is justified. The Commissioner (Appeals) has followed the decision of the Tribunal in the case of Madras Radiators Pressings Ltd., which was subsequently reversed by the Hon'ble Jurisdictional High Court. Therefore, we set aside the order of the Commissioner (Appeals). 4. The Hon'ble Supreme Court, in the case of Alom Extrusions Limited, cited supra, has held as under : 15. We find no merit in these civil appeals filed by the Department for the following reasons: firstly, as stated above, Section 43-B [main section], which stood inserted by Finance Act, 1983, with effect from 1st April, 1984, expressly commences with a non-obstante clause, the underlying object bein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cess and fee with contributions to welfare funds. Once this uniformity is brought about in the first proviso, then, in our view, the Finance Act, 2003, which is made applicable by the Parliament only with effect from 1st April, 2004, would become curative in nature, hence, it would apply retrospectively with effect from 1st April, 1988. Secondly, it may be noted that, in the case of Allied Motors (P) Limited vs. Commissioner of Income Tax, reported in [1997] 224 I.T.R.677, the Scheme of Section 43-B of the Act came to be examined... 5. In view of the aforesaid submission and subsequent decision of the Hon'ble Supreme Court, we allow the present Appeal of the Assessee, set aside the impugned order passed by the learned Tribunal and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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