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TMI Blog2012 (1) TMI 400X X X X Extracts X X X X X X X X Extracts X X X X ..... out of the order of CIT(A)-XII, Kolkata in Appeal No. 824/ XII/Cir-10/09-10 vide dated 15.06.2010. Assessment was framed by Addl.CIT, Range-10, Kolkata for Assessment Year 2007-08 u/s. 143(3) Income Tax Act, 1961(hereinafter referred to as the Act ) vide his order dated 29.12.2009. 2. The sole issue in this appeal of revenue is against the order of CIT(A) deleting the addition made u/s. 36(1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ified in disallowing ₹ 17,75,074/- being delayed payment of Employees contribution to Provident Fund and ESI as the same was paid prior to filing of return. While allowing assessee s ground of appeal, CIT(A) relied on the decision of Hon ble Supreme Court in the case of CIT Vs. Vinay Cement Ltd. 213 CTR 268 and CIT Vs. Alom Extrusions Ltd. (2009) 319 ITR 306. He accordingly, directed Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of Commissioner of Income Tax vs. Alom Extrusion Ltd., we find that the Supreme Court in the aforesaid case has held that the amendment to the second proviso to the Sec. 43(B) of the Income Tax Act, as introduced by Finance Act, 2003, was curative in nature and is required to be applied retrospectively with effect from 1st April, 1988. Such being the position, the deletion of the amount paid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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