2010 (5) TMI 176

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....M.KUMAR, J. The Revenue has approached this Court challenging order dated 27.3.2009 passed by the Income Tax Appellate Tribunal, Delhi Bench, New Delhi (for brevity 'the Tribunal') in ITA No.345/DeL/2008 for the assessment year 1999-2000. The assessment in this case was completed under Section 143(3) of the Income Tax Act,1961 (for brevity 'the Act') on 12.10.2006 at an income of Rs. 91,60,010/....

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....s Co.(P) Ltd. for the assessment year 2002-03. On further appeal by the Revenue, the Tribunal upheld the order of the CIT(A) by observing that payments have been made within the grace period, the additions made by the Assessing Officer have been rightly deleted by the CIT(A). The Tribunal further held that the decision of the CIT(A) was rightly based on the earlier decisions of the Tribunal. ....

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....Bom.) 2.Whether, on the facts and in the4 circumstances of the case, the Ld. ITAT was right in law in confirming the order of the Ld. CIT(A) in deleting the addition of Rs. 10,09,158/- made by the Assessing Officer on account of late deposit of employer's contribution to PF, EPF and FPF as without appreciating the fact that payments were not made by the assessee within the prescribed 'due date'....

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....hich created further difficulties. On a representation made to the Finance Ministry, one more amendment was made by Finance Act No. 2003 which was to apply retrospectively w.e.f. 1.4.1988. The rationale of Hon'ble the Supreme Court is that when a proviso in a section is inserted to remedy unintended consequences and to make the section workable, the proviso which supplies an obvious omission there....