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<h1>Supreme Court ruling: Delay condoned, assessee can claim Sec.43-B benefits pre-amendment</h1> The Supreme Court of India in 2007 ruled that the delay was condoned, allowing the assessee to claim benefits under Sec.43-B before its amendment, as the ... Claim of deduction under section 43-B in respect of payments to provident fund - law as it stood prior to the amendment of section 43-B - timing of contribution to statutory funds (contribution made before filing of return) and its effect on entitlementClaim of deduction under section 43-B in respect of payments to provident fund - law as it stood prior to the amendment of section 43-B - timing of contribution to statutory funds (contribution made before filing of return) and its effect on entitlement - Assessee entitled to the benefit of section 43-B for the period prior to its amendment where the contribution to the provident fund was made before filing the return. - HELD THAT: - The Court applied the law as it existed before the amendment to section 43-B and held that, on those pre-amendment principles, an assessee who had made the provident fund contribution prior to filing the return was entitled to claim the benefit under section 43-B for the relevant period. The determinative reasoning rests on the temporal application of the pre-amendment statutory position and the fact of actual contribution before return filing, which satisfied the condition for claiming the benefit under the earlier law.Benefit under section 43-B allowed for the pre-amendment period on account of contribution made before filing the return.Final Conclusion: Delay in filing condoned; special leave petition dismissed, the Court holding that under the law prior to the amendment of section 43-B the assessee was entitled to the claimed benefit as the provident fund contribution had been made before filing the return. The Supreme Court of India in 2007 (3) TMI 346 - SC Order, with judges S.H. Kapadia and P.K. Balasubramanyan, ruled that delay was condoned. The court held that the assessee was entitled to claim benefits under Sec.43-B before its amendment, as the contribution to provident fund was made before filing the return. The special leave petition was dismissed.
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