2014 (5) TMI 1030

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....d and ESI. 3. We heard Shri K.K. John, the ld.DR and Shri Samuel Thomas, the ld.representative for the assessee. 4. The assessing officer by way of annexure to the assessment order extracted the amount collected from the employees and the date of payment. The date as extracted by the assessing officer falls within the due date for filing the return of income u/s 139(1) of the Act for the assessment year under consideration. Admittedly, second proviso to section 43B was deleted and the entire sub clauses under section 43B were brought under Explanation 1 to section 43B. Therefore, all payments including employees' and employer's contribution to provident fund and ESI paid on or before the due date for filing the return of income u/....

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....he assessee u/s 35(1) of the Act, the assessing officer found that the alternative claim cannot be entertained except through a revised return filed. The assessing officer placed reliance on the judgment of the Apex Court in Goetze (India) Ltd vs CIT 284 ITR 323 (SC). No doubt, the power of the assessing officer to consider alternative claim is restricted to the claim made in the return or in the revised return. The Apex Court in the case of Goetze (India) Ltd. (supra) has clearly observed that the power of the Tribunal to consider an alternative claim is not impinged upon. The contention of the ld.DR before this Tribunal is that in view of section 35(2AB), no deduction shall be allowed u/s 35(1) of the Act. 8. We have carefully gone throu....