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 367,154 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.

Hindustan Glass Works, Kolkata vs. DCIT, CPC, Bengaluru

In the result, the appeal of the assessee stands allowed

ITA 377/KOL/2021[2019-20]Status: DisposedITAT Kolkata03 Feb 2022AY 2019-20

Bench: Shri Sanjay Garg & Shri Rajesh Kumari.T.A. No.377/Kol/2021 Assessment Year: 2019-20 Hindustan Glass Works............................................…………………….……Appellant 136, B.T. Road, Dunlop Bridge, Kolkata-700108. [Pan: Aabfh6597G] Vs. Dcit, Cpc, Kolkata…………..…...............……........……...…..…..Respondent Appearances By: Shri K. M. Roy, Advocate, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 20, 2021 Date Of Pronouncing The Order : February 03, 2022 Hearing Through Video Conferencing Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 21.09.2021 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 The Disallowance Of Late Deposit Of Employees Contribution To Epf & Esi Aggregating Of Rs.1155141 Under Clause Va Of Sub Section 1 Of Section 36 Are Perverse Since The Amount Have Been Paid Before The Filing Of The Return Of Income Without Following The Judgment Of Jurisdictional High Court In The Case Of Cit Vs. Vijay Shree Ltd & Cit Vs. Coal India Ltd. & Also In The Case Of Harendra Nath Biswas Vs. Dcit (Ita No.186/Kol/2021). 2. That The Appellant Reserves The Right To Raise Additional Grounds.”

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

…utta 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 I.T.A. No.377/Kol/2021 Assessment Year: 2019-20 Hindustan Glass Works 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…

Dozco (India) Pvt. Ltd, Kolkata vs. DCIT(CPC), Bangalore

In the result, the appeal of the assessee stands allowed

ITA 338/KOL/2021[2017-18]Status: DisposedITAT Kolkata03 Feb 2022AY 2017-18

Bench: Shri Sanjay Garg & Shri Rajesh Kumari.T.A. No.338/Kol/2021 Assessment Year: 2017-18 Dozco (India) Pvt. Ltd.............................................…………………….……Appellant Co. Subash Agarwal & Associates, Advocate Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata-700069. [Pan:Aabcd0776E] Vs. Dcit, Cpc, Bangalore…………….…..…...............……........……...…..…..Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 20, 2021 Date Of Pronouncing The Order : February 03, 2022 Hearing Through Video Conferencing Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 31.08.2021 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. For That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Grossly Erred In Confirming The Addition Of Rs.2,07,62,303/- Made By The A.O On Account Of Delay In Payment Of Employees’ Contribution Towards The Provident Fund. 2. For That The Ld. Cit(A) Failed To Appreciate That The Issue Is Covered In Favour Of The Assessee By Various Court Decisions Including The Hon’Ble Calcutta High Court & That The Amendments Made By The Finance Act, 2021 Were Not Applicable To The Relevant Year. 2. The Appellant Craves Leave To Add Further Grounds Of Appeal Or Alter The Grounds At The Time Of Hearing..”

Section 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…

M/S M.B.Jewellers & Sons, Kolkata vs. DCIT, Cir. 44, Kolkata

In the result, the appeal of the assessee stands allowed

ITA 343/KOL/2021[2019-20]Status: HeardITAT Kolkata02 Feb 2022AY 2019-20

Bench: Shri Sanjay Gargi.T.A. No.343/Kol/2021 Assessment Year: 2019-20 M/S M. B. Jewellers & Sons, Kolkata.........................…………………….……Appellant P-10, Ground Floor, Devendra Dutta Lane, Barabazar, W.B-700007. [Pan: Aaefm7973J] Vs. Dcit, Circle-44, Kolkata………….…..…...............……........……...…..…..Respondent Appearances By: Shri Sunil Surana, C.A, Appeared On Behalf Of The Appellant. Shri Gautam Mondal, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 02, 2022 Date Of Pronouncing The Order : February 02, 2022 Hearing Through Video Conferencing Order

Section 139(1)Section 143(1)Section 2(24)(x)Section 250Section 36(1)(va)Section 43B

…rt in the case of Vijayshree Ltd. supra wherein the I.T.A. No.343/Kol/2021 Assessment Year: 2019-20 M/s M. B. Jewellers & Sons, Kolkata 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…

M/S Baid Power Services Pvt. Ltd., Kolkata vs. DCIT, CPC, Bangalore

In the result, the appeal of the assessee stands allowed

ITA 179/KOL/2021[2018-19]Status: HeardITAT Kolkata02 Feb 2022AY 2018-19

Bench: Shri Sanjay Gargi.T.A. No.179/Kol/2021 Assessment Year: 2018-19 M/S Baid Power Services Pvt. Ltd..........................…………………….……Appellant 152, Lake Town, Block-B, Kolkata-700089. [Pan: Aaccb5805B] Vs. Dcit, Cpc, Bangalore………….…..…...............……........……...…..…..Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Appellant. Shri Gautam Mondal, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 02, 2022 Date Of Pronouncing The Order : February 02, 2022 Hearing Through Video Conferencing Order

Section 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…

Bharnobari & Industries Ltd., Kolkata vs. PCIT-2, Kolkata

In the result, the appeal of the assessee stands allowed

ITA 459/KOL/2020[2015-16]Status: DisposedITAT Kolkata02 Feb 2022AY 2015-16

Bench: Shri Sanjay Garg & Shri Rajesh Kumarassessment Year: 2015-16 Bharnobari & Industries Pcit-2, Kolkata Ltd. Diamond Heritage, 14Th Vs. Floor, Suite No.1401, 16, Strand Road, Kolkata- 700001. Pan: Aabcb0981B (Appellant) (Respondent) Present For: Appellant By : Shri S. K. Tulsiyan, Advocate & Puja Somani, Ca Respondent By : Shri Amol Kamat, Cit-Dr. Date Of Hearing : 21.12.2021 Date Of Pronouncement : 02.02.2022 O R D E R Per Rajesh Kumar: The Present Appeal Has Been Preferred By The Assessee Against The Order Passed U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) By The Principal Commissioner Of Income Tax-2, Kolkata (Hereinafter Referred As The ‘Pcit’) Relevant To A.Y 2015-16. 2. The Only Issue Raised In This Appeal By The Assessee Is Against The Revisionary Jurisdiction Exercised By Pcit U/S 263 Of The Act On The Ground That The Assessing Officer Failed To Disallow & Add Rs.72,29,000/- Towards Employee’S Contribution To Pf Which Was Paid/Deposited After The Due Date As Specified Under The Pf Act & Therefore, The Assessment Framed By The Assessing Officer Is Erroneous & Prejudicial To The Interest Of The Revenue.

For Appellant: Shri S. K. Tulsiyan, Advocate & Puja Somani, CAFor Respondent: Shri Amol Kamat, CIT-DR
Section 139(1)Section 143(3)Section 2(24)(x)Section 263Section 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…

Jiya Exim Pvt. Ltd., Kolkata vs. ITO, Ward-5(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 557/KOL/2021[2019-20]Status: HeardITAT Kolkata01 Feb 2022AY 2019-20

Bench: Shri Sanjay Gargi.T.A. No.557/Kol/2021 Assessment Year: 2019-20 Jiya Exim Pvt. Ltd................................................…………………….……Appellant Zone 10, Plot No.906, Kolkata Leather Complex, Bantala, South 24 Parganas, W.B-743502. [Pan: Aaacf4391E] Vs. Ito, Ward-5(1), Kolkata……….…..…...............……........……...…..…..Respondent Appearances By: Shri J.M Thard, Advocate, Appeared On Behalf Of The Appellant. Shri Gautam Mondal, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 01, 2022 Date Of Pronouncing The Order : February 01, 2022 Hearing Through Video Conferencing Order

Section 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…

Ma Amba Sponge Iron Ltd, Raniganj vs. Asstt. Director of Income Tax, CPC, Bangaluru

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

ITA 549/KOL/2021[2019-20]Status: HeardITAT Kolkata01 Feb 2022AY 2019-20

Bench: Shri Sanjay Gargi.T.A. No.548&549/Kol/2021 Assessment Year: 2018-19 & 2019-20 Ma Amba Sponge Iron Limited.............................…………………….……Appellant 11, Jemua, Mejia, Raniganj, Bankura, W.B-722143. [Pan: Aadcm6129J] Vs. Adit, Cpc, Begaluru…………..…..…...............……........……...…..…..Respondent Appearances By: Shri H.V. Bhardwaj, A.R, Appeared On Behalf Of The Appellant. Shri Gautam Mondal, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 01, 2022 Date Of Pronouncing The Order : February 01, 2022 Hearing Through Video Conferencing Order

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

Ma Amba Sponge Iron Ltd, Raniganj vs. Asstt. Director of Income Tax, CPC, Bangaluru

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

ITA 548/KOL/2021[2018-19]Status: HeardITAT Kolkata01 Feb 2022AY 2018-19

Bench: Shri Sanjay Gargi.T.A. No.548&549/Kol/2021 Assessment Year: 2018-19 & 2019-20 Ma Amba Sponge Iron Limited.............................…………………….……Appellant 11, Jemua, Mejia, Raniganj, Bankura, W.B-722143. [Pan: Aadcm6129J] Vs. Adit, Cpc, Begaluru…………..…..…...............……........……...…..…..Respondent Appearances By: Shri H.V. Bhardwaj, A.R, Appeared On Behalf Of The Appellant. Shri Gautam Mondal, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 01, 2022 Date Of Pronouncing The Order : February 01, 2022 Hearing Through Video Conferencing Order

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