Law:

Section:

Section 43B, read with section 36(1)(va), of the Income-tax Act, 1961 - Business disallowance - Certain deductions to be allowed only on actual payment - Assessment year 1991-92 - Whether in view of decision of Kerala High Court in CIT v. South India Corpn. Ltd. [2000] 242 ITR 114/ 108 Taxman 322 , payments towards provident fund made after 'due date' as defined in Explanation to section 36(1)(va) are not deductible - Held, yes CASE REFERRED TO CIT v. South India Corpn. Ltd. [2000] 242 ITR 114/ 108 Taxman 322 (Ker.) [Para 2]. P.K. Ravindranatha Menon and George K. George for the Appellant. P. Balachandran for the Respondent. JUDGMENT S. Sankarasubban, J. - In this case the following substantial questions of law have been raised before this Court for consideration : "1. Whether, on the facts and in the circumstances of the case and on an interpretation of section 43B read with the Explanation to clause (va) of section 36(1), the assessee is entitled to claim deduction of the contribution to the provident fund for the assessment year 1991-92 on actual payment basis even if the payment was not made before the 'due date' as defined in the Explanation to section…

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