Employer PF/ESI deduction under section 43B and refund of excess DDT accepted subject to verification and computation.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Employer's PF/ESI contribution was distinguished from employees' contribution under Checkmate Services: deduction remains available under section 43B if payment is made before the return-filing due date, so the Assessing Officer was directed to verify the deposit date and allow the claim if timely paid. The Tribunal also accepted the claim for refund of excess Dividend Distribution Tax, applying the India-Japan DTAA and the principle that a more beneficial treaty rate overrides the domestic rate; any tax paid in excess of the treaty rate was held refundable, with the exact amount to be computed by the Assessing Officer. The appeal was partly allowed.....