Dismissing the appeal of the Revenue the Court held that both employees’ and employer’s contributions are covered under amendment provided by Finance Act, 2003 to section 43B, thus, payments thereof were subject to benefits of section 43B and were to be allowed as deductions. Order of Tribunal affirmed. Followed CIT v. Ghatge Patil Transports Ltd (2014) 368 ITR 749 (Bom) (HC). (AY. 2007-08)
PCIT v. Bramha Corp Hotels and Resorts Ltd(2022) 136 taxmann.com 398 (Bom.)(HC) Editorial : SLP filed against order of High Court was to be dismissed as withdrawn. PCIT v. Bramha Corp Hotels and Resorts Ltd. (2022) 286 Taxman 265 (SC)
S. 43B : Deductions on actual payment-Employees’ and employers contribution-Paid before due date of filing of return-Allowable as deduction. [S. 139(1)]