COMMISSIONER OF INCOME TAX Vs. SABARI ENTERPRISES

JUDGEMENT

(1.) These appeals are filed by the revenue questioning the impugned orders passed by the Tribunal in Appeal No ITA 1713/Bang/2005, dated 17-3-2006, framing the following substantial questions of law:

(2.) Learned Counsel Sri M.V. Seshachala appearing for appellants, has called in question the orders passed by the Tribunal, by placing reliance upon the mandatory provisions of Section 36(1)(va) read with Section 2(24)(x) and Section 43B(b) of the Income Tax Act; he has contended, that contributions should be paid to have been made within the specified date by the assessee to avail the relief of deduction from gross income. In support of his contention he has also placed reliance upon the decision of the Apex Court reported in Allied Motors (P) Ltd. v. CIT, 1997 224 ITR 677. Para 60 of the said decision reads thus:

(3.) On behalf of the assessees/respondents, learned Counsel Sri Parthasarathy, Dr. R.B. Krishna, Smt. Nitya have sought to justify the orders passed by the Tribunal by placing strong reliance upon the above provisions of the Act and decisions of the Apex Court in the Allied Motors's case referred to supra.