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Waidhan Engineering &Industries Pvt . ... vs Dy. Commissioner Of Income Tax, Cpc ... on 8 March, 2022 cites

M/S Apex Laboratories P. Ltd. vs The Deputy Commissioner Of Income Tax ... on 22 February, 2022

Ltd. v Dy. CIT with a view to, as stated therein, remove any doubt in the matter, it opined, are unambiguously clear, so that s. 36(1)(va) and s. 43B operate in different fields and are applicable on different sums. Further, the stated date of the coming into effect (of the Explanations), i.e., 01/4/2021, it explained, would though be of no moment in view of the express language deeming the stated position as applicable since inception; that being the reason for bringing the Explanations on the statute, as the said amendments could otherwise have been effected through prospective clause/s to the relevant provisions. Rather, the tenor of the language employed, clearly giving the stated position a retrospective effect, necessarily requires the Explanations to be read as inserted from a later date. That is, the fact of insertion of the said Explanations w.e.f. a later date is consistent with the language giving it a retrospective effect and, thus, does not impinge adversely on it being regarded as so. Further still, noticing the settled legal position qua the test for determining retrospectivity, i.e., if a provision could be construed without the aid of the subsequent amendment thereto to take within its ambit the said amendment, the issue was also examined by the Tribunal on merits, i.e., for the said limited purpose, to find that the view canvassed by or on the assessee's behalf could be sustained only by ignoring the existence of s. 36(1)(va) - which governs the deductibility of the employees' contribution to the employee welfare funds, on the statute-book; clearly, an impermissibility. Another fundamental infirmity in the assessee's argument is in regarding the employee's contribution, deemed by the legal fiction of s. 2(24)(x) as the assessee-employer's income, as an expense deductible u/s. 37(1), which could be so only where it is not recoverable - an impossibility, as the said deeming applied only on receipt thereof, again bringing s. 36(1)(va) into play for its deduction, and which would therefore have to be given effect to. That is, even regarding the same, for the sake of argument, as covered by s. 43B, a non-obstante provision, inasmuch as s. 43B applied only qua deductions 'otherwise allowable', i.e., under any provision of the Act, it rendered the 4 ITA Nos. 40 & 41/JAB/2021 Waidhan Engineering & Industries (P.)
Supreme Court of India Cites 41 - Cited by 189 - S R Bhat - Full Document

Assistant Commnr., Income Tax, Rajkot vs Saurashtra Kutch Stock Exchange Ltd on 15 September, 2008

4.2 There is, in view of the foregoing, no question of the said Explanations being read as retrospective, so as to apply for the relevant years, sustaining the impugned additions, which therefore fail. This is, however, subject to any decision/s by the Hon'ble jurisdictional High Court, which would, where so, hold, even justifying a rectification u/s. 154/254(2), and even where rendered after the date of the order sought to be rectified (Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 227 (SC); CIT v. Aruna Luthra [2001] 252 ITR 76 (P&H)(FB)).
Supreme Court of India Cites 32 - Cited by 395 - C K Thakker - Full Document

C.I.T-Ii vs Preetam Singh Luthra on 29 July, 2016

4.2 There is, in view of the foregoing, no question of the said Explanations being read as retrospective, so as to apply for the relevant years, sustaining the impugned additions, which therefore fail. This is, however, subject to any decision/s by the Hon'ble jurisdictional High Court, which would, where so, hold, even justifying a rectification u/s. 154/254(2), and even where rendered after the date of the order sought to be rectified (Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 227 (SC); CIT v. Aruna Luthra [2001] 252 ITR 76 (P&H)(FB)).
Supreme Court - Daily Orders Cites 1 - Cited by 11 - Full Document

Indian Commerce And Industries Co. Pvt. ... vs The Commercial Tax Officer, The ... on 25 November, 2002

ITA Nos. 40 & 41/JAB/2021 Waidhan Engineering & Industries (P.) Ltd. v Dy. CIT The Tribunals' decision in Nikhil Mohine 3.1 The Revenue has, invoking section 2(24)(x) r/w s. 36(1)(va), added the Employees' contribution to the Employee Provident Fund, at rs. 18,57,223 & rs. 6,12,965 for the two consecutive years respectively, to the assessee's returned income u/s. 143(1) as the same stood deposited beyond the due date specified u/s. 36(1)(va), even as, admittedly, prior to the due dates of filing the return of income u/s. 139(1) for the relevant years.
Madras High Court Cites 43 - Cited by 13 - K R Pandian - Full Document
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