contribution towards a pension scheme, as referred to in section 80CCD, on account of an employee to the extent it does not exceed ... removal of doubts, it is hereby clarified that the provisions of section 43B shall not apply and shall be deemed never to have been applied
Section 43B in The Income Tax Act, 1961
43B. [ Certain deductions to be only on actual payment. [Inserted by Act 11 of 1983, Section
assessee
while discussing the matter under Section 36(1)(va) of the Act.
Section 43B stipulates that certain deductions are to be given only ... becomes entitled to deduction
under the provisions of Section 36(1)(va) of the Act. Section 43B(b) ,
however, stipulates that such deduction would
question involved is with respect to the interpretation of
Section 36(1)(va) and Section 43B of the Income Tax Act, 1961 (hereinafter ... Finance Act
1987, Section 2(24) (x) , and Section 36(1) (va) as well as second proviso to
Section 43B were inserted. From that date
question raised in these appeals is with particular reference to
Section 43B Explanation 3 C of the Income Tax Act, 1961 [the “Act”].
The brief ... Natarajan
Date: 2021.08.11
Rs.2,84,71,384/- under Section 43B based on the issue of debentures
15:17:45 IST
Reason:
1
in lieu
deal
with a common question relating to the interpretation of
Section 43B of the Income-tax Act, 1961. The references have
been made under Section ... obvious omission in the section
and is required to be read into the section to give the
section a reasonable interpretation, requires to be treated
contemplated under the mandatory provisions of Section 36(1)(va) read with Section 2(24)(x) and Section 43B of the Act as the same ... reliance upon the mandatory provisions of Section 36(1)(va) read with Section 2(24)(x) and Section 43B(b) of the Income
income under sub-section (1) of section 139 , the
assessee would be entitled to deduction under Sec.43B ... introduced, these judgments have clearly drawn a distinction
between Sec.36(1)(va) and Sec.43B of the Act. In 'South
India Corporation
contribution to PF/ESI/pension fund is subject to provisions of
section 43B of the Act ?
(4) Whether the ITAT failed to appreciate the fact ... that the
amendment to section 43B is applicable only to employer's
contribution and not to employees contribution and hence,
whether second proviso
income under
sub-section (1) of section 139 , assessee would be entitled to
deduction under section 43B and such deduction would be
admissible ... referred to in clause (va) of sub-section (1) of
section 36 of the Act.
Though section 43B of the Act covers only employer