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TMI Blog2002 (9) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal was right in law in allowing relief of Rs. 64,267 being delayed payment of provident fund dues, accepting an interpretation of the provision of section 43B, other than the strict interpretation, for the sake of equity though it is a settled principle that equity has no place in interpretation of taxing statute?" – Held that Provident fund contributions must be made within the due date for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fund dues, accepting an interpretation of the provision of section 43B, other than the strict interpretation, for the sake of equity though it is a settled principle that equity has no place in interpretation of taxing statute?" There had been delay in payment of provident fund contributions for the month of September 1987, and the month of July, 1988, the payments being respectively made on Oct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the question whether such demonstration is at all possible) the assessee went instead directly to the Tribunal. There it was argued that notwithstanding the changes in the law made before the assessment order in question, the payments being only slightly, if at all, delayed, the deductions in respect thereof could still be claimed. The provisions in issue are section 43B(b) and the further Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one case. Although in some of the above cases, the observations were, strictly speaking, obiter, yet the consistent judicial view is, that for the purpose of getting provident fund contribution deductions, the due date has to be strictly observed. The cases are those of CIT v. Sree Kamakhya Tea Co. (P.) Ltd. [1993] 199 ITR 714 (Cal); CIT v. K. L. Thirani and Co. Ltd. [1996] 218 ITR 149 (Cal); CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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