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The grievance of the revenue is that proviso appended to section 43B of the Act permitting allowing of deduction of PF, ESI etc., subsequent to the close of the accounting period but before the return is filed, should not have been followed but disallowance must be upheld. It has not been disputed before us that the proviso has been inserted by the Finance Act, 1987 effective from 1.4.1988. In view of this, the appeals preferred by the revenue have been dismissed.
It has been held in the aforesaid judgements that it is not open to a person making payments to a non-resident to take a unilateral decision that the payments made by him are not sums chargeable to tax. To take that view, concurrence of the Assessing Officer as provided in section 195(2) is sine qua non. For reaching the aforesaid conclusion, the judgement of the Supreme Court in Transmission Corporation of A.P. Ltd. Vs. CIT [1999] 239 ITR 587 (S.C.) has also been invoked.
The principal notification No. 75/2005-Customs, dated the 22nd July, 2005 was published in the Gazette of India, Extraordinary, vide number G.S.R. number 500 (E), dated the 22nd July 2005 and was last amended by notification no. 49/2007-Customs, dated the 29th of March, 2007 which was published in the Gazette of India, Extraordinary vide number G.S.R. 258 (E), dated the 29th March, 2007.
Exercise of powers conferred under section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 2.1 of the Foreign Trade Policy, 2004-09, the Central Government hereby makes the following amendments in Chapter-93, Schedule-I (Imports) to the ITC(HS) Classifications of Export and Import Items, 2004-09.
