COMMISSIONER OF INCOME TAX vs. M/S HCL INFOSYSTEM LTD.
What did the High Court hold?
The Tribunal deleted the addition made by the Assessing Officer. The assessee was entitled to claim deduction for the contribution to superannuation funds on an actual payment basis, even if not paid before the due date as defined in Section 36(1)(va).
What were the facts?
The Assessing Officer made an addition on account of the employer's contribution to superannuation funds not being paid within the prescribed due dates. The assessee had paid these contributions within the financial year or before the due date of filing the return.
What were the issues?
Whether deduction for employer's contribution to superannuation funds is allowable on actual payment basis even if paid after the due date specified in Section 36(1)(va), considering Section 43B.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF DELHI AT NEW DELHI . 18.07.2006 . Present: Ms. P.L. Bansal, Advocate for the Appellant. Ms. Kavita Jha, Advocate for the Respondent. . + ITA No.929/2006 . Admit After perusing ITA Nos. 717/2004 (CIT Vs. M/s. Salora International), 642 and 644/2004 (CIT Vs. Super Safeways Pvt. Ltd.), 490/2005 (CIT Vs. Nuclear Software Workships Pvt. Ltd.) and 497/2005 (CIT Vs. Nitco Marble and Granite Pvt. Ltd.) and considering the submissions of learned counsel for the parties, the following substantial questions of law arise for our consideration - (1)Whether ITAT was correct in law in deleting the addition made by Assessing Officer on account of non payment of employer's contribution towards superannuation funds within the due dates prescribed under the relevant Act / Rules, though paid within the relevant Financial Year or on or before the due date of filing of return for the relevant year? . . (2)Whether on an interpretation of section 43-B read with Explanation to clause (va) of section 36(1), the assessee is entitled to claim deduction of contribution to superannuation funds on actual payment basis despite the fact that the payment was not made before the due date as defined in Explanation to Section 36)1)(va)? . (3)Whether assessee was entitled to claim deduction under section 43B(b) without reference to the 2nd proviso to Section 43B? . (4)Whether ITAT was correct in law in deleting the addition of Rs.42,25,409/- made by the Assessing Officer on account of late payment of contribution to superannuation fund relying on the amended provisions of 1st proviso ignoring the fact that the amendment brought to statute either in 1st proviso or in 2nd proviso to Section 43-B of the Act is applicable with effect from 01.04.12001 and not retrospectively? . Filing of paper-books is dispensed with. . MADAN B. LOKUR, J. . JULY 18, 2006 VIPIN SANGHI, J. Upreti .
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