2004 (12) TMI 681

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..... three appeals are preferred under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as ''the Act'') by the Revenue raising a question that the Tribunal was not correct in allowing the deduction on accrual bas is although Section 43B of the Act specifically refers to actual payment. There is no controversy about the fact that the respondent/assessee is required to remit 1% of the ne .....

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..... deduction. The issue is that if section 43B is applicable then it will be allowed on actual payment basis only. If not, then it may be allowed on accrual bass. The key question is whether the contribution to the said fund is a ''tax, duty, cess or fee''. This aspect has not been examined by the tribunal and, therefore, it would be appropriate to remit the matter to the tribunal to dispose of the s .....

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