Case Law Details
CIT (Central) Vs Ghatge Patil Transports Ltd. (Bombay High Court)
In this manner, the amendment provided by Finance Act, 2003 in Section 43B put on par the benefit of deductions of tax, duty, cess and fee on the one hand with contributions to various Employees’ Welfare Funds on the other. All this came up for consideration before the Hon’ble Supreme Court in the case of Alom Extrusions Ltd. (supra). The Tribunal in the case at hand relied upon the said judgment. There is no reason to fault the order passed by the Tribunal. We are of the view that the decision of the Supreme Court in Alom Extrusions Ltd. applies to employees’
We hold that both employees’ and employer’s contributions are covered under the amendment to Section 43B of I.T. Act and the Alom Extrusions judgment. Hence the Tribunal was right in holding that payments thereof are subject to benefits of Section 43B.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
1. This order disposes of the above two appeals under Section 260A of the Income Tax Act, 1961 (‘the I.T. Act) which involve common questions of law, which read as under:-
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