1 itxa.623.10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 623 OF 2010 Leela Lace Software Solutions Pvt. Ltd. .... Appellant VERSUS Assistant Commissioner of Income Tax-8 (2) .... Respondent Mr. Nitesh Joshi a/w Mr. A. K. Jasani for Appellant. Mr. Suresh Kumar for Respondent. CORAM: J. P. DEVDHAR and R. M. SAVANT, J.J. DATED: DECEMBER 13, 2010. P.C.: 1. Heard. 2. Admit on the following substantial question of law: “A. Whether the Tribunal erred in upholding the disallowance in respect of Provident Fund and ESIC payment of Rs.18,98,592 by applying the provisions of section 43B of the Act? B. Whether the Tribunal ought to have held that amendment to proviso to section 43B brought tin by the Finance Act, 2003 should have retrospective effect or in the least should apply to assessments made after the amendment? ” SSM 2 itxa.623.10 3. The Counsel for the parties state that the question raised in this Appeal are covered by the decision of the Apex Court in the case of Commissioner of Income Tax V/s. Alom Extrusions Ltd. reported in (2009) 319 ITR 306 (SC) in favour of the assessee. In this view of the matter, for the reasons stated therein, the Appeal is allowed with no order as to costs. (R. M. SAVANT, J) (J. P. DEVDHAR, J) SSM