2002 (11) TMI 19 - HC - Income Tax

1. Whether, on an interpretation of section 43B r.w. the Explanation to clause (va) of section 36(1), the assessee is entitled to claim deduction of the contribution to the provident fund on actual payment basis even if the payment was not made before the due date as defined in the Explanation to section 36(1)(va)? - 2. Whether, Tribunal is right in law in holding the due date as defined in the Explanation to clause (va) of section 36(1) has application only in respect of any sum received by the assessee as contribution to the provident fund, etc., which the assessee as employer has to remit to the respective account? - 3. Whether, assessee s claim for deduction is to be considered u/s 43B(b) without reference to the second proviso? - Question of law has to be decided in favour of the Revenue and against the assessee

Summary

The High Court of Kerala considered questions of law regarding deduction of provident fund contributions. The court ruled in favor of the Revenue based on previous decisions, setting aside the Tribunal's judgment on the matter. (Case citation: 2002 (11) TMI 19 - Kerala High Court)