2016 (8) TMI 100

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..... DVOCATE ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE KS JHAVERI) 1. These Tax Appeals arise out of the common order dated 02.01.2007 passed by the Income Tax Appellate Tribunal, Ahmedabad in ITA Nos.1917 to 1919/Ahd/2006 raising the following substantial questions of law for our consideration: "[A] Whether, in the facts and circumstances of the case, the Income Tax Appellate Tribunal was right .....

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..... ssion of second proviso to Section 43B by Finance Act, 2003 being curative in nature has retrospective effect or not?" 3. The issues raised in all the three appeals are similar but, for the purpose of this judgment, Tax Appeal No.997/2007 is taken as the lead matter; 3.1 The assessee is engaged in the activity of supply of manpower for housekeeping and for material uploading and unloading. filed .....

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..... tored the order passed by the Assessing Officer, vide order dated 02.01.2007. Hence, these appeals at the instance of assessee. 4. We have heard learned counsel for both the sides and perused the documents on record. 5. Learned counsel for the assessee submitted that the first issue is already settled by the judgment of this Court rendered in the case of CIT, Valsad v. Amoli Organics (P) Ltd., [ .....

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..... able retrospectively. The Assessing Officer, thus, disallowed the deduction and added the amount of employer's contribution into income of the assessee. In appeal, the CIT(A) deleted the addition. The Tribunal held in favour of the assessee. In appeal, this Court held that where the assessee was entitled to make payment under the Provident Fund Act within grace period and that if within that grace .....

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..... r for consideration of the first question afresh in light of the aforementioned judgment of this Court. 7. Insofar as the second issue is concerned, the same is also settled by the judgment of this Court rendered in CIT v. Cadila Pharmaceuticals Ltd., [2014] 42 taxmann.com 374 (Gujarat) wherein, it has been held that in view of retrospective amendment in first proviso to section 43B, the Tribunal .....

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