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.

Srg Earth Resources Pvt Ltd, Kolkata vs. ACIT, Cir. 5(1), Kolkata

In the result, grounds raised by the assessee company are allowed and accordingly the appeal of the assessee is allowed as aforesaid

ITA 95/KOL/2021[2016-17]Status: DisposedITAT Kolkata24 Feb 2022AY 2016-17

Bench: Shri Rajpal Yadav, Vice- & Shri Girish Agrawalassessment Year: 2016-17 Srg Earth Resources Acit, Circle-5(1), Private Limited Kolkata 16, Ganesh Chandra Vs. Avenue, Gandhi House, Dalhousie, Kolkata – 700013. Pan: Aajcs2276A (Appellant) (Respondent) Present For: Appellant By : Shri S.S. Gupta, Ar Respondent By : Md. Ghayas Uddin, Cit(Dr) Date Of Hearing : 09.02.2022 Date Of Pronouncement : 24.02.2022 O R D E R Per Girish Agrawal: This Appeal Is Directed Against The Order Passed U/S 263 Of The Income-Tax Act, 1961 (‘The Act’), By The Ld. Pcit, Kolkata-2 For A.Y. 2016-17 Vide Order Dated 22.02.2021. 2. Facts Briefly Stated As Culled Out From The Records Are That The Assessee Company Is Engaged In The Business Of Operation & Maintenance Of Coke Oven Plant For Various Steel Manufacturing Companies. The Assessee Company Filed Its Return Of Income For The Assessment Year 2016-17 On 08.10.2016 Declaring Total Income Of Rs. 1,46,03,550/-. The Case Of The Assessee Company Was Selected For Scrutiny Through Cass & Statutory Notices U/S 143(2) & 142(1) Of The Act Were Issued & Duly Served Upon The Assessee Company In Response To Which Compliance Letters, Submissions & Copies Of 2 Srg Earth Resources Private Limited A.Y. 2016-17 Relevant Documents Were Furnished By The Assessee Company. Assessment Order U/S 143(3) Of The Income-Tax Act, 1961 (The Act) Was Passed On 14.12.2018 Determining Total Income At Rs. 1,47,86,650/-.

For Appellant: Shri S.S. Gupta, ARFor Respondent: MD. Ghayas Uddin, CIT(DR)
Section 143(2)Section 143(3)Section 263

…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 t…