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TMI Blog2015 (7) TMI 721X X X X Extracts X X X X X X X X Extracts X X X X ..... o the deductions in the same year. - Decided in favour of the revenue. - TAX APPEAL NO. 220 of 2007 - - - Dated:- 4-12-2014 - MR. KS JHAVERI and MR. K.J.THAKER, JJ. MR KM PARIKH, ADVOCATE for the Appellant MR RK PATEL, ADVOCATE for the Respondent JUDGMENT (PER : HONOURABLE MR.JUSTICE KS JHAVERI) 1. This is an appeal by the appellantrevenue, seeking to challenge the order of the learned ITAT, Ahmedabad Bench C , Ahmedabad (for short, the Tribunal ), Dated : 29.03.2006, rendered in ITA No. 3116/Ahd/2003 for A.Y. 1999- 2000, whereby, it dismissed the appeal filed by the Revenue. 2. The brief facts of the case are that respondent-assessee filed its return of income for the year under consideration on 31.12 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Tribunal is right in law and on facts in deleting the disallowance made u/s.43B(b) read with second proviso, in respect of unpaid PF/ESI amount which remained unpaid even during the grace period available? [B] Whether the Appellate Tribunal is right in law and on facts in directing the Assessing Officer to recompute interest u/s.234B after allowing credit of MAT? 5. Mr. Parikh, learned Counsel for the appellant-Revenue, however, invited our attention to Page-3 of the Memo of this appeal and submitted that as such the appellant has raised only one question in the present appeal, which reads as under; Whether the ITAT was right in law and on facts in reducing the disallowance of ₹ 1,21,371/- to ₹ 15,100/- on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax Act, 1961, by the Finance Act, 2003, operated, retrospectively, with effect from April 1, 1988 and not prospectively from April 1, 2004. Earlier under the second proviso to section 43B as amended by the Finance Act, 1989, assessees were entitled to deduction only if the contribution stood credited on or before the due date given in the Provident Funds Act. This created further difficulties and on a representation made to the Finance Ministry 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 an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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