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TMI Blog2016 (4) TMI 742X X X X Extracts X X X X X X X X Extracts X X X X ..... ubstantial question of law is, accordingly, answered in the negative against the Revenue and in favour of the assessee. - Miscellaneous Appeal No. 309 of 2008 - - - Dated:- 16-3-2016 - Hemant Gupta And Ramesh Kumar Datta, JJ. For the Petitioner : Mr. Ajay Kumar Rastogi, Adv. and Mr. Parijat Saurav, Adv For the Respondent : Mrs. Archana Sinha, Sr. SC, IT, Mr. Alok Kumar and Ms. Shalini Bihari JUDGMENT Heard learned counsel for the appellant and learned counsel for the respondent-Revenue. The assessee-appellant, being a Public Sector Undertaking of the Government of Bihar, had filed a return of income declaring total income of ₹ 51,23,740/- on 01.11.2004 for the assessment year 2004-05 and its case was processed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stified in upholding the addition of ₹ 7,04,053/- made under Section 2(24)(x) read with Section 36(1)(va) of the Income Tax Act? Learned counsel for the parties agreed that the said substantial question of law has already been decided by this Court by order dated 31.03.2015 passed in Misc. Appeal No. 401 of 2008 (Commissioner of Income Tax-1, Patna anr. Vs. Alken Laboratories Ltd.) relying upon a decision of the Apex Court dated 07.03.2007 in the case of CIT Vs. Vinay Cements Limited which reiterated the earlier decision of the Apex Court in the case of Commissioner of Income Tax Vs. Alom Extrusions Ltd: (2009) 319 ITR 306 (SC). In Alom Extrusions case (supra) the Apex Court in the relevant part of para-16, has held as foll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntributions to the welfare funds. However, as stated above, the second proviso resulted in implementation problems, which have been mentioned hereinabove, and which resulted in the enactment of the Finance Act, 2003, deleting the second proviso and bringing about uniformity in the first proviso by equating tax, duty, cess, and fee with contributions to welfare funds. Once this uniformity is brought about in the first proviso, then, in our view, the Finance Act, 2003, which is made applicable by Parliament only with effect from April 1, 2004, would become curative in nature, hence, it would apply, retrospectively, with effect from April 1, 1988. .. In view of the aforesaid proposition laid down by the Supreme Court, the admitted po ..... X X X X Extracts X X X X X X X X Extracts X X X X
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