CIT v. Alom Extrusion Ltd.

390 ITR 306Supreme Court of India2009#290 most cited

What is CIT v. Alom Extrusion Ltd. authority for?

The amendment to the second proviso of Section 43B, introduced by the Finance Act, 2003, is curative in nature and applies retrospectively. This means employee contributions to welfare funds like ESI and PF are deductible if paid before the due date for filing the income tax return, even if paid beyond the statutory due date.

274

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. Alom Extrusion Ltd. · Alom Extrusion · Section 43B · Section 36(1)(va) · Section 2(24)(x) · Finance Act 2003 amendment · retrospective application · curative amendment · ESI PF contributions · employee welfare fund deductions · delayed payments · payment before return filing due date

Sections most often in play

Section 142(1)Section 143(2)Section 14ASection 8D

Issues it is cited on

section 43(b)section 43(5)speculative transactionsection 43b(b)section 40(a)(ii)section 2(24)(x)corporate guaranteebusiness connectionsection 36(1)(va)section 40(a)(i)section 2(24)section 36(1)

Judgments citing CIT v. Alom Extrusion Ltd.

Muthia Muruganantham, Jodhpur vs. Jurisdicational Assessing Officer, ITO Ward-3(1), Jodhpur

In the result, all the appeals of the assessees are allowed

ITA 54/JODH/2021[2018-19]Status: DisposedITAT Jodhpur24 Sept 2021AY 2018-19

Bench: Shri N.K.Saini & Shri Sandeep Gosainassessment Year : 2018-19 Mohan Ram Chaudhary, Vs. The Ito, Jodhpur Ward 3(2), Jodhpur Pan No: Acgpc8070L Appellant Respondent Assessee By : Shri Kapil Taparia & Miss Divya, Cas. Revenue By : Smt. Monisha, Jcit Dr Assessment Year : 2018-19 Muthia Muruganantham, Vs. The Ito, Jodhpur Ward 3(2), Jodhpur Pan No: Abipm1535F Appellant Respondent Assessee By : Shri Kapil Taparia & Miss Divya, Cas. Revenue By : Smt. Monisha, Jcit Dr Assessment Year : 2018-19 Inder Bahadur Gurung, Vs. The Ito, Jodhpur Ward 3(1), Jodhpur Pan No: Aempg9230N Appellant Respondent Assessee By : Shri Kapil Taparia & Miss Divya, Cas. Revenue By : Smt. Monisha, Jcit Dr

For Appellant: Shri Kapil Taparia and Miss Divya, CAsFor Respondent: Smt. Monisha, JCIT DR
Section 2Section 28Section 36Section 36(1)(va)Section 43Section 43B

…inclined to follow the same and we reproduce the order of Hon’ble Calcutta High Court in the case of Vijayshree Ltd. supra wherein the Hon’ble Calcutta High Court has taken note of the Hon’ble Supreme Court decision in CIT vs. Alom Extrusion Ltd. reported in 390 ITR 306. The Hon’ble Calcutta High Court’s decision in Vijayshree Ltd. supra is reproduced as under: “This appeal is at the instance of the Revenue and is directed against an order dated 28th April, 2011 passed by the Income Tax Appellate Tribunal, “A” Bench, Kolkata in ITA No. 1091/Kol/2010 relating to assessment year 2006-07 by which the Tribunal dism…

Mohan Ram Chaudhary, Jodhpur vs. ITO, Ward-3(2), Jodhpur

In the result, all the appeals of the assessees are allowed

ITA 51/JODH/2021[2018-19]Status: DisposedITAT Jodhpur24 Sept 2021AY 2018-19

Bench: Shri N.K.Saini & Shri Sandeep Gosainassessment Year : 2018-19 Mohan Ram Chaudhary, Vs. The Ito, Jodhpur Ward 3(2), Jodhpur Pan No: Acgpc8070L Appellant Respondent Assessee By : Shri Kapil Taparia & Miss Divya, Cas. Revenue By : Smt. Monisha, Jcit Dr Assessment Year : 2018-19 Muthia Muruganantham, Vs. The Ito, Jodhpur Ward 3(2), Jodhpur Pan No: Abipm1535F Appellant Respondent Assessee By : Shri Kapil Taparia & Miss Divya, Cas. Revenue By : Smt. Monisha, Jcit Dr Assessment Year : 2018-19 Inder Bahadur Gurung, Vs. The Ito, Jodhpur Ward 3(1), Jodhpur Pan No: Aempg9230N Appellant Respondent Assessee By : Shri Kapil Taparia & Miss Divya, Cas. Revenue By : Smt. Monisha, Jcit Dr

For Appellant: Shri Kapil Taparia and Miss Divya, CAsFor Respondent: Smt. Monisha, JCIT DR
Section 2Section 28Section 36Section 36(1)(va)Section 43Section 43B

…inclined to follow the same and we reproduce the order of Hon’ble Calcutta High Court in the case of Vijayshree Ltd. supra wherein the Hon’ble Calcutta High Court has taken note of the Hon’ble Supreme Court decision in CIT vs. Alom Extrusion Ltd. reported in 390 ITR 306. The Hon’ble Calcutta High Court’s decision in Vijayshree Ltd. supra is reproduced as under: “This appeal is at the instance of the Revenue and is directed against an order dated 28th April, 2011 passed by the Income Tax Appellate Tribunal, “A” Bench, Kolkata in ITA No. 1091/Kol/2010 relating to assessment year 2006-07 by which the Tribunal dism…

D.C.I.T., Circle-8(1), Kolkata vs. M/S Baljit Secutiries Private Limited, Kolkata

In the result, the appeal of the revenue stands dismissed

ITA 146/KOL/2020[2011-12]Status: DisposedITAT Kolkata15 Sept 2021AY 2011-12

Bench: Shri Aby T. Varkey & Shri Manish Boradआयकरअपीलसं.य/ Assessment Year: 2011-12 बनामV/S. M/S. Baljit Securities Dcit, Circle-8(1) Aaykarbhawan, P-7 Private Limited Chowringhee Square, 7A Pretoria Street, 5Th Fl., Kolkata-700 Theatre Road, Kolkata- 069 700 069. Pan:Aabcb0779P अपीलाथ" /Appellant ""यथ" /Respondent ..

Section 115JSection 143(2)Section 143(3)Section 14ASection 2(24)(x)

…inclined to follow the same and we reproduce the order of Hon'ble Calcutta High Court in the case of Vijayshree Ltd. supra wherein the Hon'ble Calcutta High Court has taken note of the Hon'ble Supreme Court decision in CIT vs. Alom Extrusion Ltd. reported in 390 ITR 306. The Hon'ble Calcutta High Court's decision in Vijayshree Ltd. supra is reproduced as under: "This appeal is at the instance of the Revenue and is directed against an order dated 28th April, 2011 passed by the Income Tax Appellate Tribunal, "A" Bench, Kolkata in ITA No. 10911Kol120JO relating to assessment year 2006­07 by which the Tribunal dism…

A.C.I.T., Circle-1(1), Kolkata vs. Kamarhatty Company Limited, Kolkata

In the result, the appeal of revenue is dismissed

ITA 132/KOL/2020[2013-14]Status: DisposedITAT Kolkata19 Aug 2021AY 2013-14

Bench: Shri P. M. Jagtap & Shri A. T. Varkey]

Section 139(1)Section 36(1)(va)Section 43B

…he decision of the Hon’ble jurisdictional High Court in the case of CIT Vs. M/s. Vijayshree Ltd., ITAT No. 245 of 2011 dated 16.09.2011 and the Hon’ble Apex Court’s decision in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., reported in (2009) 390 ITR 306 and contended that since both the contributions as per the PF & ESI Act has been made on or before the filing of return of income u/s. 139(1) of the Act, so no disallowance to be made u/s. 36(1)(va) of the Act which has been accepted by the Ld. CIT(A). Moreover, it has been brought to our notice that in assessee’s own case for AYs 2008-09 and 201…

Harendra Nath Biswas, Kolkata vs. DCIT, Cir. 29, Kolkata

In the result, the appeal of the assessee is allowed

ITA 186/KOL/2021[2019-20]Status: DisposedITAT Kolkata16 Jul 2021AY 2019-20

Bench: Shri P. M .Jagtap, Vice-(Kz) & Shri A. T. Varkey, Jm]

Section 139(1)Section 2(24)(x)Section 36(1)(va)Section 43Section 43B

…inclined to follow the same and we reproduce the order of Hon’ble Calcutta High Court in the case of Vijayshree Ltd. supra wherein the Hon’ble Calcutta High Court has taken note of the Hon’ble Supreme Court decision in CIT vs. Alom Extrusion Ltd. reported in 390 ITR 306. The Hon’ble Calcutta High Court’s decision in Vijayshree Ltd. supra is reproduced as under: “This appeal is at the instance of the Revenue and is directed against an order dated 28th April, 2011 passed by the Income Tax Appellate Tribunal, “A” Bench, Kolkata in ITA No. 1091/Kol/2010 relating to assessment year 2006-07 by which the Tribunal dism…

Vedanta Ltd, Gurgaon vs. ACIT, Circle- 26(2), New Delhi

ITA 12/DEL/2020[2014-15]Status: FixedITAT Delhi18 Sept 2020AY 2014-15

Bench: Shri N.K. Billaiya & Shri Kuldip Singh[Assessment Year: 2014-15]

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Anupam Kant Garg, CIT-DR
Section 143(3)Section 153

…completely defeat the purpose of the said section which was enacted to provide benefit on capitalisation. 65. In so far as applicability being prospective the ld. AR relied upon the decision of the Hon'ble Supreme Court in the case of Allied Motors Pvt Ltd 224 ITR 667 and Alom Extrusions Ltd 319 ITR 306 wherein the Hon'ble Supreme Court has held that beneficial provision/clarifications should be given prospective effect. 66. Per contra the ld. DR strongly supported the findings of the assessing officer and reiterated that there is no such provision of carry- over of balance claim of additional depreciation…

DCIT, Circle - 13(2), Kolkata vs. M/S. Shradha Agencies Private Limited, Howrah

In the result, the appeal of the revenue is dismissed

ITA 1362/KOL/2018[2013-14]Status: DisposedITAT Kolkata12 Jun 2020AY 2013-14

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1362/Kol/2018 ("नधा"रणवष" / Assessment Year:2013-14)

For Appellant: Shri Dhrubajyoti Roy, JCITFor Respondent: Ankita Manek, ACA
Section 144Section 14ASection 194C(7)Section 36(1)Section 36(1)(va)Section 36(2)Section 40

…the case including the findings of the ld CIT(A) and other materials available on record. We note that this issue is squarely covered by the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., reported in 2009 Vol.390 ITR 306. Therefore, employee’s contribution deposited beyond the due dates specified under the relevant PF laws, but before the due date of filing income-tax return as specified in section 43B of the Act, cannot be treated as the deemed income of the appellant within the meaning of section 36(1)(va) read with section 2(24)(x) of the Act. Therefore, the a…

ITO, Ward 35(2), Kolkata vs. M/S J.L. Goward & Co., Kolkata

In the result, the appeal of revenue is partly allowed for statistical purposes

ITA 2287/KOL/2016[2012-13]Status: DisposedITAT Kolkata01 Mar 2019AY 2012-13

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

Section 40Section 43B

…by specific statute governing PF Act etc., however it had deposited the amount before the due date of filing of the return. We note that the Ld. CIT(A) has given relief taking note of the ratio laid by the Hon’ble Supreme Court in CIT Vs. Alom Extrusions Ltd. 390 ITR 306 (SC) that since the assessee has made the payment within the due date of filing of the return u/s. 43B of the Act disallowance was not warranted. We give our imprimatur to the Ld. CIT(A)’s decision. We note that there is no violation of Rule 46A of the Rules because the AO himself has stated that the assessee has deposited the amount in the Gover…

ACIT, CC-3(2), Kolkata vs. M/S. Snowtex Investment Ltd., Kolkata

In the result, the appeal of the Revenue is dismissed

ITA 1799/KOL/2017[2012-13]Status: DisposedITAT Kolkata27 Feb 2019AY 2012-13

Bench: Shri A. T. Varkey, J.M. & Dr.A.L.Saini, A.M.) Asstt. Year : 2012-13 A.C.I.T, Cc-3(2), Kolkata Vs M/S. Snowtex Investment Ltd. Pan: Aaecs 0334C (Assessee/Department) (Respondent/Assessee)

For Appellant: Shri S.K. Tulsiyan, Sr. Advocate, ld.ARFor Respondent: Shri Radhey Shyam, CIT, ld.DR
Section 143(3)Section 14ASection 2(24)(x)Section 36Section 36(1)(va)Section 43B

…ue involved in this appeal is as to whether the deletion of the addition by the AO on account of employees' contribution to ESI and PF by invoking the provision of s. 36(1)(va) read with s. 2(24)(x) of the Act was correct or not. In CIT vs. Alom Extrusion Ltd 390 ITR 306 the Supreme Court has held that the amendment to the second proviso to s. 43(B) 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 by the Employees' Contribution beyond due date was deductible by invokin…

ACIT, Circle-4(1), Kolkata vs. M/S. Gillanders Arbuthnot & Co. Ltd, Kolkata

In the result, the appeal filed by the Revenue is dismissed

ITA 550/KOL/2017[2011-12]Status: DisposedITAT Kolkata31 Jul 2018AY 2011-12

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.550/Kol/2017 ("नधा"रणवष" / Assessment Year: 2011-12) Acit, Cir-31, Kolkata Vs. M/S. Gillanders Arbuthnot & Co. Ltd. P-7, Chowringhee Square, 8Th C-4, Gillander House, N.S. Road, Floor, Kolkata – 700 069. Kolkata – 700 001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaacg 9832 F (Appellant) .. (Respondent)

For Appellant: ShriS. Dasgupta, Addl. CIT, Sr. DRFor Respondent: ShriB. K. Poddar, FCA
Section 139(1)Section 143(3)Section 2(24)(x)Section 36(1)(va)

…the Act was correct or not. It appears that the Tribunal below, in View of the decision of the M/s. Gillanders Arbuthnot & Co. Ltd. Assessment Year: 2011-12 Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., reported in 2009 Vol.390 ITR 306, held that the deletion was justified. Being dissatisfied, the Revenue has come up with the present appeal. After hearing Mr. Sinha, learned advocate, appearing on behalf of the appellant and after going through the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., we find that the Supreme Court in t…

ACIT, Circle-33, Kolkata vs. Hasibul Hossain, Kolkata

In the result, the appeal of the Revenue is dismissed

ITA 853/KOL/2017[2013-14]Status: DisposedITAT Kolkata18 Jul 2018AY 2013-14

Bench: Sh. Waseem Ahmed & Sh. S.S.Viswanethra Ravi[Assessment Year: 2013-14] Vs Hasibul Hossain, Acit, Circle-33, Udita Complex, 1050/1, Kolkata. Survey Park, Ud-04/0304, Santoshpur, 24-Pgs, Ps:Purvo Jadavpur, Kolkata-700075. Pan-Abjph3476P (Appellant) (Respondent) Appellant By Sh. A.Bhattacharjee, Addl. Cit Respondent By Sh. H.V.Bhardwaj, Fca Date Of Hearing 02.05.2018 Date Of Pronouncement 18.07.2018

Section 36Section 43

…t of Calcutta in the case of M/s Vijay Shree Ltd. (supra) is reproduced hereunder below:- “It appears that the Tribunal below in view of the decision of the Supreme Court in the case of Commissioner of Income tax vs Alom Extrusion Ltd. Reported in 2009 Vol. 390 ITR 306, held that the deletion was justified. Being dissatisfied, the Revenue has come up with the present appeal. After hearing Mr. Sinha, learned Advocate, appearing on behalf of the appellant and after going through the decision of the Supreme Court in the case of Commissioner of Income Tax vs Alom Extrusion Ltd., we find that the Supreme Court in th…

JCIT, (OSD), Cir-2(2), Kolkata vs. M/S Onprocess Technology India Pvt. Ltd., Kolkata

In the result, the appeal of assessee is allowed and that of the revenue is dismissed

ITA 1241/KOL/2016[2012-2013]Status: DisposedITAT Kolkata24 May 2018AY 2012-2013

Bench: Shri P.M. Jagtap, Am & Shri A. T. Varkey, Jm]

Section 195Section 40Section 9(1)(i)Section 9(1)(vii)

…provision of Section 36(1 )(va) read with Section 2(24 )(x) of the Act was correct or not. It appears that the Tribunal below, in View of the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., reported in 2009 Vol.390 ITR 306, held that the deletion was Justified. Being dissatisfied, the Revenue has come up with the present appeal. After hearing Mr. Sinha, learned advocate, appearing on behalf of the appellant and after going through the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., we find that the Supreme Court in t…

On Process Technology India Pvt. Ltd., Kolkata vs. DCIT, Cir-2(2), Kolkata

In the result, the appeal of assessee is allowed and that of the revenue is dismissed

ITA 1047/KOL/2016[2012-2013]Status: DisposedITAT Kolkata24 May 2018AY 2012-2013

Bench: Shri P.M. Jagtap, Am & Shri A. T. Varkey, Jm]

Section 195Section 40Section 9(1)(i)Section 9(1)(vii)

…provision of Section 36(1 )(va) read with Section 2(24 )(x) of the Act was correct or not. It appears that the Tribunal below, in View of the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., reported in 2009 Vol.390 ITR 306, held that the deletion was Justified. Being dissatisfied, the Revenue has come up with the present appeal. After hearing Mr. Sinha, learned advocate, appearing on behalf of the appellant and after going through the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., we find that the Supreme Court in t…

DCIT, Circle-1(1), Kolkata vs. M/S Kamarhatty Company Ltd., Kolkata

In the result, appeal of Revenue (in Ground No

ITA 2080/KOL/2016[2011-12]Status: DisposedITAT Kolkata28 Mar 2018AY 2011-12

Bench: Shri Aby T. Varkey & Dr.A.L. Sainiassessment Year :2011-12

Section 139(1)Section 143(3)Section 14ASection 36(1)(va)

…39(1) of the Act. Therefore, it is a sufficient compliance made by the assessee and there is no breach of duty or default on the part of the assessee and for that we rely on the judgment of the Hon'ble Supreme Court in the case of CIT vs. Alam Extrusions Ltd. 390 ITR 306 (SC) and jurisdictional High Court in the case of CIT vs. Vinya Cement Ltd. (2007) 213 CTR 268 (Cal) and the Co-ordinate Bench of this Tribunal in ITA No.947/Kol/2012 in assessee’s own case for Assessment Year 2008-09, on the identical issues. Therefore as the issue is squarely covered in favour of the assessee by the order of the Co-ordinate Ben…

A.C.I.T., Circle-4(1), Kolkata vs. M/S Gillanders Arbuthnot & Co. Ltd., Kolkata

In the result the appeal by the revenue is dismissed

ITA 2090/KOL/2016[2010-11]Status: DisposedITAT Kolkata01 Mar 2018AY 2010-11

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ] Assessment Year : 2010-11

For Appellant: Shri S.Dasgupta, Addl.CIT(DR)For Respondent: None
Section 139(1)Section 2(24)(x)Section 36(1)(va)Section 43Section 43B

…e provision of Section 36(1)(va) read with Section 2(24)(x) of the Act was correct or not. It appears that the Tribunal below, in View of the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., reported in 2009 Vol.390 ITR 306, held that the deletion was justified. Being dissatisfied, the Revenue has come up with the present appeal. After hearing Mr. Sinha, learned advocate, appearing on behalf of the appellant and after going through the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., we find that the Supreme Court in…

DCIT, Circle-10(1), Kolkata vs. K.N.D. Engineering Technologies Pvt. Ltd., Kolkata

In the result the appeal by the revenue is dismissed

ITA 1979/KOL/2016[2013-14]Status: DisposedITAT Kolkata01 Mar 2018AY 2013-14

Bench: Hon'Ble Sri N.V.Vasudevan, Jm & Hon'Ble Sri Waseem Ahmed, Am] Assessment Year : 2013-14

For Appellant: Shri.A.K.Tiwari, CITFor Respondent: Shri A.Dudhwewala, FCA
Section 36(1)(vii)Section 36(2)Section 37Section 37(1)Section 40

…e provision of Section 36(1)(va) read with Section 2(24)(x) of the Act was correct or not. It appears that the Tribunal below, in View of the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., reported in 2009 Vol.390 ITR 306, held that the deletion was justified. Being dissatisfied, the Revenue has come up with the present appeal. After hearing Mr. Sinha, learned advocate, appearing on behalf of the appellant and after going through the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., we find that the Supreme Court in…

DCIT, CC-1(3), Kolkata vs. M/S Rungta Mines Ltd., Kolkata

In the result the appeal by the revenue is dismissed

ITA 1653/KOL/2016[2013-14]Status: DisposedITAT Kolkata10 Jan 2018AY 2013-14

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ] Assessment Year : 2013-14

For Appellant: Shri A.K.Tiwari, CITFor Respondent: Shri Subash Agarwal, Advocate
Section 143(3)Section 3Section 37(1)Section 73

…e provision of Section 36(1)(va) read with Section 2(24)(x) of the Act was correct or not. It appears that the Tribunal below, in View of the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., reported in 2009 Vol.390 ITR 306, held that the deletion was justified. Being dissatisfied, the Revenue has come up with the present appeal. After hearing Mr. Sinha, learned advocate, appearing on behalf of the appellant and after going through the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., we find that the Supreme Court in…

DCIT, CC-193, Kolkata vs. M/S Rungta Sons Private Ltd., Kolkata

In the result the appeal by the revenue is dismissed

ITA 1652/KOL/2016[2013-14]Status: DisposedITAT Kolkata10 Jan 2018AY 2013-14

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ] Assessment Year : 2013-14

For Appellant: Shri Arindam Bhattacharjee, Addl. CITFor Respondent: Shri Subash Agarwal, Advocate
Section 143(3)Section 3Section 37(1)Section 73

…e provision of Section 36(1)(va) read with Section 2(24)(x) of the Act was correct or not. It appears that the Tribunal below, in View of the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., reported in 2009 Vol.390 ITR 306, held that the deletion was justified. Being dissatisfied, the Revenue has come up with the present appeal. After hearing Mr. Sinha, learned advocate, appearing on behalf of the appellant and after going through the decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusion Ltd., we find that the Supreme Court in…

DCIT, Cir-1(1), Kolkata vs. M/S Garden Reach Shipbuilders & Engineers Ltd., Kolkata

In the result, the appeal of the revenue is dismissed

ITA 355/KOL/2016[2011-2012]Status: DisposedITAT Kolkata06 Dec 2017AY 2011-2012
For Appellant: Shri Arindam Bhattacharjee, Addl. CIT, ld.DRFor Respondent: Shri Sanjay Bhattacharjee, FCA, ld.AR
Section 139Section 139(1)Section 2Section 2(24)(x)Section 36Section 36(1)(va)

…that the Hon’ble High Court of Calcutta in the case of Vijay Shree Ltd supra has upheld the finding of the Tribunal basing on same identical facts on the ratio of decision as laid down by the Hon’ble Supreme Court in the case of Alom Extrusion Ltd reported in 309 ITR 306(SC), wherein the Hon’ble Supreme Court had an occasion to determine the effect of deletion of 2nd proviso and effect of amendment to 1st proviso to Section 43B by Finance Act 2003 from 01-04-2004 or retrospectively i.e from 01-04- 1988. 10. The Hon’ble Supreme Court found that the amendment to 1st proviso to Section 43B extended the benefit of de…

DCIT, Cir-10(2), Kolkata vs. M/S S & Ib Services Pvt. Ltd., Kolkata

In the result, the appeal filed by the revenue is dismissed

ITA 1401/KOL/2015[2012-2013]Status: DisposedITAT Kolkata06 Dec 2017AY 2012-2013

Bench: : Shri P.M. Jagtap & Shri S.S.Viswanethra Ravi

For Appellant: Shri Kalyan Nath,Addl.CIT, ld.Sr.DRFor Respondent: None appeared

…Vijay Shree Ltd supra has upheld the finding of the Tribunal basing on same identical facts on the ratio of decision as laid down by the Hon’ble Supreme Court in the case of Alom ITA No.1401/Kol/15 5 M/s. S & IB Services Pvt. Ltd Extrusion Ltd reported in 309 ITR 306(SC), wherein the Hon’ble Supreme Court had an occasion to determine the effect of deletion of 2nd proviso and effect of amendment to 1st proviso to Section 43B by Finance Act 2003 from 01-04-2004 or retrospectively i.e from 01-04- 1988. 15. The Hon’ble Supreme Court found that the amendment to 1st proviso to Section 43B extended the benefit of de…