Commissioner of Income Tax vs Standard Tile and Clay Works (P.) Ltd.

S. Sankarasubban, J.—In this case the following substantial questions of law have been raised before this Court for consideration:

Whether, on the facts and in the circumstances of the case and on an interpretation of section 43B read with the Explanation to clause (va) of section 36(1), the assessee is entitled to claim deduction of the contribution to the provident fund for the assessment year 1991-92 on actual payment basis even if the payment was not made before the ''due date'' as defined in the Explanation to section 36(1)(va)?

Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding the ''due date'' as defined in the Explanation to clause (va) of section 36(1) has application only in respect of any sum received by the assessee as contribution to the provident fund, etc., which the assessee as employer has to remit to the respective account?

Whether, on the facts and in the circumstances of the case, the assessee''s claim for deduction is to be considered u/s 43B(b) without reference to the second proviso?

At the time of argument, it was agreed by both sides that question of law has to be decided in favour of the Revenue and against the assessee in the light of the decision of this Court in Commissioner of Income Tax Vs. South India Corporation Ltd., and in I.T.A. No. 92 of 2000. In the above view of the matter, we allow the appeal and set aside the judgment of the Tribunal with respect to this question.