2015 (7) TMI 9

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..... Thottathil B. Radhakrishnan, J. The only question referred by the Income Tax Appellate Tribunal, in these two matters, is as follows: "Whether, on the facts and in the circumstances of the case and also in the light of the clear provisions of Explanation to clause (va) of Section 36(1) and Section 43B read with the decision reported in 227 ITR 446 (Hitech (India) Pvt. Ltd., vs. Union of India a .....

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..... e Department's contention in the case in hand was left unanswered leaving it open to the Department to make a reference application, though it is submitted that another reference application under Section 256(2) of the Income Tax Act was pending in relation to the issues in the afore-noted case. 4. Going by the material findings of facts, it cannot be disputed that the payments were made by t .....

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..... hat if the assessee (employer) credited any sum received by him from any of his employees on or before the due date, that is, the date by which the assessee (employer) is required to credit the employees' contribution to the employees' account in the relevant fund (including the Provident Fund), he will be entitled to deduct the said amount in computing his business income. But, Section 43 .....

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