- (1.) The only question formulated by the assessee for the purpose of agitating it in an appeal under Section 260A is as follows : "Whether on a true and proper construction of the provisions of Section 43B of the IT Act, 1961, the Tribunal was justified in law in holding that provident fund payments actually made during the previous year but beyond the due date would have to be disallowed under the said provisions ?"
(2.) In the impugned order of the Tribunal passed on 31st Jan., 2002, it directed the assessee to place all its arguments in regard to provident fund contribution deductions before the AO so far as the question of what constitutes "due date" was concerned. The Tribunal proceeded on the basis that as per the current law, contained in Section 43B(b) and the further proviso appearing under that section, no discretion is left in regard to provident fund contributions to the AO or the other Departmental authorities of the IT Department.
(3.) In case the due date for payment of the provident fund contribution is gone, then and in that event, even if the contribution is made later on and even if such contribution is made to the full extent, deductions under the IT Act are no longer claimable or permissible.;