High Court of
Madras - distinguished assessee's reliance on Alom Extrusion Ltd stating that SC
did not have occasion to consider scope of Section ... following judicial decision(s) as stipulated hereunder:-
1. CIT v. Alom Extrusions Ltd., in 319 ITR 306(SC)
2. CIT v. Industrial Security and Intelligence
that the
Hon'ble Apex Court in the case of Alom Extrusions
Limited, never had the occasion to consider the deduction ... Apex Court's decision in the case
of CIT Vs Alom Extrusion Limited , has been accepted with
regard to employer's contribution only
Supreme Court in the case of C.l.T. Vs Alom Extrusions
(319 ITR 306) does not deal with Employees contribution which are
covered under ... Supreme Court's decision in
the case of Alom Extrusions. The Supreme Court in their order clearly refer
to the Employees' contribution
accordance with law pronounced by the Apex Court in CIT
v. Alom Extrusions Ltd. (2009) 319 ITR 306. Therefore, the appeal ... reconsideration in the light of the
judgment of Apex Court in Alom Extrusions Ltd. (supra). On a
query from the Bench what was disallowed
Apex Court in the cases of Alom Extrusions Ltd., reported in 319
ITR 306 (SC), Vinay Cement Ltd. 213 CTR 2108 (SC), the Delhi High ... decision of Hon'ble Supreme
Court in the case of Alom Extrusion(supra) , it is observed that Hon'ble Supreme Court has
elaborately
court interpreted the law, in the light of these
developments, in Alom Extrusions. The court considered the effect of omission of
the second proviso ... There is no doubt that in Alom Extrusions, this court did consider the impact of
deletion of second proviso to Section 43B, which mandated that
decision of the Supreme Court in the case of CIT V.
Alom Extrusions Ltd. reported in 319 ITR 306, decision of the Delhi High
Court ... Supreme Court in the
case of CIT Vs. Alom Extrusions Ltd. (319 ITR 306), wherein the
Hon'ble Supreme Court held that omission
Supreme Court in the case of Alom Extrusions
Ltd. ( 319 ITR 306) for the proposition that where the
amendments are curative in nature, they ... judgment of Apex Court in the case of CIT vs. Alom Extrusions Ltd 319
ITR 306 and that of Hon'ble Calcutta High Court
Supreme Court in the case of CIT vs
Alom Extrusions Ltd , [2009]319 ITR 306(SC) has held as under:
"Prior to the Finance ... lead matter in this batch of civil appeals is CIT v. Alom Extrusions
Ltd. (civil appeal arising
decision of the Supreme Court in the case of CIT V.
Alom Extrusions Ltd. reported in 319 ITR 306, decision of the Delhi High
Court ... Supreme Court in the
case of CIT Vs. Alom Extrusions Ltd. (319 ITR 306), wherein the
Hon'ble Supreme Court held that omission
