2017 (11) TMI 124

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.... For the Respondent : B. Agrawal, Gaurav Mahajan, S.S.C.I.T. ORDER This is an Income Tax Appeal against the judgment and order of the Tribunal dated 30.06.2004 in ITA No. 86/Del/2001 for assessment year 1993-94. The appellant is a public limited company and is in the business of manufacturing and selling Indian Made Foreign Liquor and Country Liquor. The appellant filed return of the inco....

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....e and it should be made before the due date as per the requirement of the scheme. The payment of provident fund contemplated under the Employees Provident Fund Scheme, 1952 Rule 38 reads as under; "38. Mode of payment of contributions (1) The employer shall, before paying the member his wages in respect of any period or part of period for which contribution are payable, deduct th....

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.... the payment before filing of the return, and therefore, entitled to such deduction. The tribunal while disallowing the appeal has categorically held that deduction under to proviso to Section 43-B is allowable on certain condition which condition has not been fulfilled by the appellant therefore no deduction can be claimed. Learned counsel for the appellant has relied upon several decisions in....