COMMISSIONER OF INCOME TAX Vs. SOLAR EXPORTS

JUDGEMENT

(1.) M.V. Seshachala for the appellants. Heard on admission. Records perused.

(2.) Both the appeals have been preferred by the revenue under section 260A of the Income-tax Act, 1961 (hereinafter referred to as 'the act' for brevity) against the common order dated 13-7-2007 passed by the Income-tax Appellate Tribunal Bangalore, in revenues ITA. Nos. 460 and 461/Bang./2006 for the assessment years 2001-2002 and 2000-2001 respectively.

(3.) The grievance of the revenue is that proviso appended to section 43B of the Act permitting allowing of deduction of PF, ESI etc., subsequent to the close of the accounting period but before the return is filed, should not have been followed but disallowance must be upheld. It has not been disputed before us that the proviso has been inserted by the Finance Act, 1987 effective from 1-4-1988. In view of this, the appeals preferred by the revenue have been dismissed.