High Court Of Kerala
CIT vs. Standard Tile And Clay Works (P) Ltd.
Section 36(1)(va), Expln., 43B
Asst. Year 1991-92
S. Sankarasubban and Kumari A. Lekshmikutty, JJ.
IT Appeal No. 68 of 1999
16th November, 2002
Counsel Appeared :
P.K.R. Menon & George K. George, for the Revenue : P. Balachandran, for the Assessee
JUDGMENT
S. Sankarasubban, J. :
In this case the following substantial questions of law have been raised before this Court for consideration :
“1. Whether, on the facts and in the circumstances of the case and on an interpretation of s. 43B r/w the Explanation to cl. (va) of s. 36(1), the assessee is entitled to claim deduction of the contribution to the provident fund for the asst. yr. 1991-92 on actual payment basis even if the payment was not made before the ‘due date’ as defined in the Explanation to s. 36(1)(va) ?
Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding the ‘due date’ as defined in the Explanation to cl. (va) of s. 36(1) has application only in respect of any sum received by the assessee as contribution to the provident fund, etc., which the assessee as employer has to remit to the respective account ?
Whether, on the facts and in the circumstances of the case, the assessee’s claim for deduction is to be considered under s. 43B(b) without reference to the second proviso ?”
At the time of argument, it was agreed by both sides that question of law has to be decided in favour of the Revenue and against the assessee in the light of the decision of this Court in CIT vs. South India Corporation Ltd. (1999) 157 CTR (Ker) 422 : (2000) 242 ITR 114 (Ker) and in ITA No. 92 of 2000.
In the above view of the matter, we allow the appeal and set a side the judgment of the Tribunal with respect to this question.
[Citation : 265 ITR 525]
