TMI Blog2016 (8) TMI 1576X X X X Extracts X X X X X X X X Extracts X X X X ..... d apply to the employees' contribution also. In the present case, on 31st October, 2005 i.e. before filing of the returns, the contribution was already made to the provident fund of the employees' as well as employees' state insurance fund by this appellant and hence, the amount, in question, is covered under Section 43B of the Income Tax Act. Thus the amount deposited by this appellant for employees' contribution to the provident fund as well as employees' state insurance fund is covered under Section 43B of the Income Tax Act. Thus the aforesaid question of law is answered accordingly. Addition being fresh capital introduced by partners - HELD THAT:- It appears that before the assessing officer balance sheet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollowing substantial question of law has been raised: Whether the Tribunal misdirected itself in law while holding that the second proviso of section 43B of Income Tax Act applies only in respect of employers' contributions to provident fund and does not apply in respect of employees' contribution to provident fund? 2. Other substantial questions of law though have been formulated but they are in the nature of submissions. Major question, as stated here-in-above, which is the substantial question of law, has been raised in this appeal. 3. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that the issues to be decided in this case is whether the contribution o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e amendment of Section 43-B. In the circumstances the assessee was entitled to claim the benefit in Section 43-B for that period particularly in view of the fact that he has contributed to provident fund before filing of return. The special leave petition is dismissed. 6. Thus in view of the decision rendered by Hon'ble Supreme Court in the case of CIT versus Alom Extrusions Ltd., reported in (2009) 319 ITR 306 (SC) and looking to the decision rendered by a Division Bench of this Court in Tax Appeal No. 42 of 2010 and Tax Appeal No. 15 of 2009 decided on 16th September, 2010 and also looking to the aforesaid dismissal of the special leave petition being Special Leave to Appeal (Civil) ..../2007 and CC 1934/2007 decided on 7th Mar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 26,139.82 paise, but no such balance sheet of the partners nor their bank statement or capital account of the partners have been presented before the assessing officer despite the adequate opportunities were given, whereas, looking to the order passed by CIT (Appeals), it has been mentioned before the Commissioner of Income Tax (Appeals) vide order dated 15th January, 2009 which is at Annexure-4 to the memo of this appeal wherein it has been mentioned that this appellant- assessee had produced the requisite evidence before AO. But AO has overlooked this evidence and document. Hence, no error has been committed by the Income Tax Appellate Tribunal in remanding the matter to AO to consider the evidence on record. So far as partners capital ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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