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

Issues it is cited on

Judgments citing CIT v. Alom Extrusion Ltd.

Effluent & Water Treatment Engineers Pvt. Ltd., Kolkata vs. ITO, Cir.11(1), Kolkata

In the result, both the appeals of the assessee stand allowed

ITA 70/KOL/2022[2018-19]Status: DisposedITAT Kolkata31 Mar 2022AY 2018-19

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. Nos.69 & 70/Kol/2022 Assessment Year: 2017-18 & 2018-19 Effluent & Water Treatment Engineers Pvt. Ltd........................................................Appellant P-22, 10Th Floor, Cit Road, Entally, Kolkata – 700014. [Pan: Aaace5484B] Vs. Dcit, Circle-11(1), Kolkata…...............……........……...…..…...............................Respondent Appearances By: Shri Shri Anil Kochar, Advocate Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 31, 2022 Date Of Pronouncing The Order : March 31, 2022

Section 139Section 139(1)Section 2(24)(x)Section 250Section 36(1)(va)Section 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 dismi…

Effluent & Water Treatment Engineers Pvt. Ltd., Kolkata vs. ITO, Cir.11(1), Kolkata

In the result, both the appeals of the assessee stand allowed

ITA 69/KOL/2022[2017-18]Status: DisposedITAT Kolkata31 Mar 2022AY 2017-18

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. Nos.69 & 70/Kol/2022 Assessment Year: 2017-18 & 2018-19 Effluent & Water Treatment Engineers Pvt. Ltd........................................................Appellant P-22, 10Th Floor, Cit Road, Entally, Kolkata – 700014. [Pan: Aaace5484B] Vs. Dcit, Circle-11(1), Kolkata…...............……........……...…..…...............................Respondent Appearances By: Shri Shri Anil Kochar, Advocate Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 31, 2022 Date Of Pronouncing The Order : March 31, 2022

Section 139Section 139(1)Section 2(24)(x)Section 250Section 36(1)(va)Section 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 dismi…

Kitty Industries Private Limited, Ludhiana vs. DCIT, Circle-III, Ludhiana

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

ITA 30/CHANDI/2022[2018-19]Status: DisposedITAT Chandigarh28 Mar 2022AY 2018-19

Bench: The Due Date Of Filing Return Of Income U/S 139(1) Of The Income Tax Act, 1961. 2. That The Said Disallowance As Confirmed By The Cit(A) Is Against The Judgment Of The Jurisdictional Bench Of The Itat, Chandigarh Bench In The Case Of M/S. Mohan Bakery In Ita No. 273/2021 Pronounced On 02.12.2021 & The Judgment In The Case Of Sirsa Cooperative Marketing-Cum Processing Lc Society, Sirsa In Ita No. 274/2021 Pronounced On 02.12.2021. 3. That The Appellant Craves Leave To Add, Amend, Or Alter Any Of The Above Grounds Of Appeal Before Or During The Course Of Appellate Proceedings.

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Smt. Priyanka Dhar, Sr. DR
Section 139(1)Section 36(1)(va)

…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…

Mindrill Systems and Solutions (P) Ltd, Howrah vs. DCIT, Cir. 1(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 603/KOL/2021[2019-20]Status: DisposedITAT Kolkata08 Mar 2022AY 2019-20

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.603/Kol/2021 Assessment Year: 2019-20 M/S. Mindrill Systems & Solutions Pvt. Ltd............................................................Appellant Nh-6, Biparnapara, Near Saraswati Bridge, Domjur Mahiary Road, Dompur, P.O. Begri, Howrah-711411. [Pan: Aaecm3065G] Vs. Dcit, Circle-1(1), Kolkata….…..…...............……........……...…..…......................Respondent Appearances By: Shri Shri P.K. Himmatsingka, Ca Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 08, 2022 Date Of Pronouncing The Order : March 08, 2022

Section 139Section 139(1)Section 143(1)(A)Section 2(24)(x)Section 250Section 36(1)(va)Section 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 dismi…

Prakash Steet Products Pvt. Ltd., Kolkata vs. CPC, Bangalore

In the result, the appeal of the assessee stands allowed

ITA 579/KOL/2021[2019-20]Status: DisposedITAT Kolkata08 Mar 2022AY 2019-20

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.579/Kol/2021 Assessment Year: 2019-20 M/S. Prakash Steel Products Pvt. Ltd...................................................………Appellant 46C, Chowringhee Road, Flat 14G, Kolkata – 700071. [Pan: Aabcp5269J] Vs. Cpc, Bangalore…...............……........……...…..…........................................Respondent Appearances By: Shri Shri Chirag Desai, Ar Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 08, 2022 Date Of Pronouncing The Order : March 08, 2022

Section 139Section 139(1)Section 2(24)(x)Section 250Section 36(1)(va)Section 43B

…t 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 I.T.A. No.579/Kol/2021 Assessment Year: 2019-20 M/s. Prakash Steel Products (P) Ltd. 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 dismi…

Saha Textile, Kolkata vs. ACIT, Cir.-50(1) (2), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 402/KOL/2021[2018-19]Status: HeardITAT Kolkata02 Mar 2022AY 2018-19

Bench: Shri Sanjay Garg & Shri Rajesh Kumari.T.A. No.402/Kol/2021 Assessment Year: 2018-19 Saha Textile............................................................…………………….……Appellant 29, Saha Textile, K B Bose Road, Barasat, W.B- 700124 [Pan: Abyfs8639J] Vs. Acit, Circle-50(1)(2), Kolkata….…..…...............……........……...…..…..Respondent Appearances By: Shri Harsh Vardhan Vhardwaj, Ca, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 23, 2022 Date Of Pronouncing The Order : March 02, 2022 Hearing Through Video Conferencing Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 11.08.2021 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(Appeals) Had Erred Both In Law & On Facts By Confirming The Order Of The Assessing Officer & Making An Addition Of Rs.2,00,194/- Being Delay In Deposit Of Employees Contribution To Pf & Esi U/S 36(I)(Va) Of The Income Tax Act, 1961 Despite Assessee Contributing/Depositing The Same Before The Due Date Of Filing Of Return Of Income U/S 139(1) Of The Act. 2. The Appellant Craves Leave To Add, To Amend Or Withdraw To All Or Any Ground On Or Before The Hearing Of The Appeal.”

Section 139(1)Section 2(24)(x)Section 250Section 36Section 36(1)(va)Section 43B

…n’ble Calcutta High Court in the case of Vijayshree Ltd. supra wherein the I.T.A. No.402/Kol/2021 Assessment Year: 2018-19 Saha Textile 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 dismi…