ITA No.196 of 2007 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. ITA No.196 of 2007 Date of decision: 29.11.2010 The Commissioner of Income Tax I, Chandigarh -----Appellant Vs. M/s Bhushan Limited ----Respondent CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON’BLE MR. JUSTICE GURDEV SINGH Present:- Ms. Urvashi Dhugga, Advocate for the appellant. Adarsh Kumar Goel,J. This appeal has been preferred by the revenue under section 260A of the Income Tax Act, 1961 (for short, ‘the Act’) against order dated 19.10.2006 passed by the Income Tax Appellate Tribunal, Chandigarh Bench ‘B’ in ITA No.743/CHANDI/2005 for the assessment year 2003-04, proposing to raise following substantial question of law:- “Whether on the facts and circumstances of the case and in law, the Hon’ble ITAT is right in deleting the disallowance of Rs.9,78,518/- made on account of employer’s contribution towards ESI and PF paid after the due date, by holding that amendment made in section 43B by the Finance act, 2003 w.e.f 1.4.2004 relating to the PF and ESI is applicable retrospectively?” 1 ITA No.196 of 2007 The Assessing Officer disallowed deduction in respect of employer’s contribution towards ESI and PF by holding that amendment to section 43B of the Act w.e.f 1.4.2004 permitting the payment to be taken into account if the same was on or before the due date applicable, if evidence of payment is furnished by assessee alongwith the return, was not applicable. The Tribunal reversed the said view following its earlier order in Kwality Milk Foods Limited v. ACIT Comibatore (Chennai,) 100 ITD 199 (SB). We have heard learned counsel for the revenue. Learned counsel for the revenue does not dispute that the view taken by the Tribunal is consistent with the view taken by the Hon’ble Supreme Court in CIT v. Alom Extrusions Limited, (2009) 319 ITR 306, reiterating the earlier identical view in Allied Motors P.Limited v. CIT, (1997) 224 ITR 677. In view of above, the issue being covered against the revenue, this appeal is dismissed. (Adarsh Kumar Goel) Judge November 29, 2010 (Gurdev Singh) ‘gs’ Judge 2 ITA No.196 of 2007 3