https://www.taxtmi.com/caselaws?id=336834 The HC held that the amendment to Section 43B by the Finance Act, 2003, is retrospective from 01.04.1988 and applies to both employer's and employee's contributions to provident fund and ESI. The Court ruled that Section 43B, containing a non-obstante clause, overrides Section 36 and other provisions, allowing deduction of employee contributions if paid before filing the return under Section 139(1). The deletion of the second proviso and amendment to the first proviso were curative, ensuring uniformity and preventing delays in payment to welfare funds. Consequently, the Assessee was entitled to claim deductions for both contributions under Section 43B, irrespective of their admissibility under Section 36. The decision favored the Assessee. en-us Wed, 21 Dec 2016 00:00:00 +0530 Wed, 23 Jul 2025 12:48:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=336834 The HC held that the amendment to Section 43B by the Finance Act, 2003, is retrospective from 01.04.1988 and applies to both employer's and employee's contributions to provident fund and ESI. The Court ruled that Section 43B, containing a non-obstante clause, overrides Section 36 and other provisions, allowing deduction of employee contributions if paid before filing the return under Section 139(1). The deletion of the second proviso and amendment to the first proviso were curative, ensuring uniformity and preventing delays in payment to welfare funds. Consequently, the Assessee was entitled to claim deductions for both contributions under Section 43B, irrespective of their admissibility under Section 36. The decision favored the Assessee. Case-Laws Income Tax Wed, 21 Dec 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=336834