ELICO LIMITED, HYDERABAD. vs. INCOME TAX OFFICER, HYDERABAD.

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ITTA/218/2005HC TelanganaHBHC01001292200529 November 2017Bench: C.V.NAGARJUNA REDDY,T.AMARNATH GOUD3 pages
AI SummaryAllowed

What did the High Court hold?

The Tribunal held that the deletion of the second proviso to Section 43-B of the Income Tax Act has retrospective effect. Consequently, the disallowance of E.P.F. and E.S.I. payments made during the relevant assessment years was set aside.

What were the facts?

The assessee, ELICO Limited, appealed against the disallowance of E.P.F. and E.S.I. contributions made beyond the stipulated period. The lower appellate authorities had dismissed the appeals.

What were the issues?

Whether the deletion of the second proviso to Section 43-B of the Income Tax Act has retrospective effect, allowing deductions for delayed E.P.F. and E.S.I. contributions.

Which sections of the Income-tax Act were involved?

Section 43-B

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THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE T.AMARNATH GOUD

I.T.T.A.Nos. 217 AND 218 OF 2005

DATED 29TH NOVEMBER, 2017

I.T.T.A.No. 217 OF 2005

Between:

ELICO Limited, B-90, APIE, Sanathnagar, I.E. Extension, Hyderabad – 500018

… Appellant

AND Income Tax Officer, Ward 1 (2), Aayakar Bhavan, Basheerbagh, Hyderabad - 500001

… Respondent

Counsel for the appellant

: Dr. N.R.Siva Swamy

Counsel for the respondent : Sri B.Narasimha Sarma

THE COURT MADE THE FOLLOWING

CVNR, J. & TA, J. itta_217 & 218_2005

2 COMMON JUDGMENT: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) These two appeals raise the question of legality or otherwise of the disallowance of E.P.F. and E.S.I. contributions made beyond the stipulated period. The appeals filed by the assessee before the Commissioner of Income Tax (Appeals)-II, Hyderabad, and the Income Tax Appellate Tribunal, Hyderabad Bench 'A', Hyderabad, having been dismissed, the assessee filed the present appeals. 2. Sri S.Dwarakanath, learned counsel for the appellant, has placed before us the judgment in Commissioner of Income Tax Vs. Alom Extrusions Limited1 and submitted that in the said judgment, the Supreme Court held that deletion of second proviso to Section 43-B of the Income Tax Act, 1961 (for short, 'the Act'), based on which disallowance was made being curative, has retrospective operation from 01-04-1988, the date on which the said provision was introduced. He has accordingly submitted that in view of the said judgment, the appeals deserve to be allowed. Sri B.Narasimha Sarma, learned senior standing counsel for Income Tax Department, has fairly conceded the submission of leaned counsel for the appellant.

1 (2010) 1 SCC 489

CVNR, J. & TA, J. itta_217 & 218_2005

3 3. Inasmuch as the view taken by the appellate authorities that the appellant is not entitled to the benefit of deletion of the second proviso to Section 43-B of the Act by holding that the said deletion has only prospective effect has been reversed by the Supreme Court in Alom Extrusions Limited (supra), the appellant is entitled to succeed. 4. Accordingly, the impugned orders are set aside. Both the appeals are allowed. The assessing officer is directed to make a fresh assessment by allowing deductions of E.P.F. and E.S.I. payments made during the assessment years 1999-2000 and 2000-01. 5. As a sequel to disposal of both the appeals, I.T.T.A.M.P.No. 264 of 2005 shall stand closed as infructuous. ___________________________ C.V.NAGARJUNA REDDY, J.

_______________________

T.AMARNATH GOUD, J. Date: 29-11-2017. JSK

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