The Commissioner Of Income Tax, Central Ii v. M/S.cmc Computers Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO. O. C. J. INCOME TAX APPEAL NO.123 OF 2007 The Commissioner of Income Tax, Central II. ... Appellant. Vs.M/s.CMC Computers Ltd....Respondent. Mr.Suresh Kumar with Ms.Anamika Malhotra for the Appellant.None for the Respondent. CORAM : DR. D.Y.CHANDRACHUD &J.P. DEVADHAR, JJ. 18[th] January, 2010. P.C.: The appeal was admitted on the following substantial questions of law : “(a) Whether, on the facts and circumstances of the case, the Hon’ble ITAT was right in law in holding that the omission of the second proviso to section 43B is deemed to have retrospective effect? -(b) Whether, on the facts and circumstances of the case, the Hon’ble ITAT was right in law in holding that payments in respect of employer’s contribution to PF, made belatedly, beyond the time and grace period under that statute be allowed u/s.43B?” Both the questions are covered against the Revenue by the judgment of the Supreme Court in Commissioner of Income Taxvs.Alom Extrusions Ltd., (2009) 319 ITR 306. Counsel appearing on behalf of the Revenue has also made a statement to that effect. In the circumstances, the questions of law shall stand answered in terms of the law laid down by the Supreme Court. The appeal is dismissed. There shall be no order as to costs. ( Dr.D.Y.Chandrachud, J.) ( J.P.Devadhar, J.)