2011 (6) TMI 137

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..... Income-tax Act, 1961, by the Finance Act, 2003, operated, retrospectively, with effect from April 1, 1988 and not prospectively from April 1, 2004 - The Appellate Tribunal is right in law and on facts in deleting the disallowance made u/s 43B of Rs.51,05,963/- being late payment of the employer's contribution to provident fund - Decided in favour of assessee. - 451 of 2007 - - - Dated:- 16-6-2 .....

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..... (3) Mr. R. K. Patel, learned advocate appearing on behalf of the respondent, has invited the attention of the court to the decision of the Supreme Court in the case of Commissioner of Income Tax Vs. Alom Extrusions Ltd., [2009] 319 ITR 306 (SC) to submit that the controversy involved in the present case stands concluded by the said decision. (4) Mr. M. R. Bhatt, learned Senior Advocate appe .....

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..... try one more amendment was made by the Finance Act, 2003. Though this amendment was made applicable with effect from April 1, 2004, the amendment was curative in nature and applied retrospectively with effect from April 1, 1988. When a proviso in a section is inserted to remedy unintended consequences and to make the section workable, the proviso which supplies an obvious omission therein is requi .....

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