B.P. Katakey, J.

1. This appeal under Section 260A of the Income Tax Act, 1961, is preferred by the assessee against the order dated July 31, 2000, passed by the learned Income Tax Appellate Tribunal, Guwahati Bench, Guwahati, in I. T. A. No. 432 (Gau) of 1997 and Cross Objection No. 12 (Gau) of 1998, relating to the assessment year 1991-92, vacating the order of the Commissioner of Income Tax (Appeals) and allowing the appeal preferred by the Revenue in so far as it relates to the decision of the Commissioner of Income Tax (Appeals) deleting an amount of Rs. 3,41,911 being the employees' contribution towards provident fund, from the income of the assessee, deduction of which was disallowed by the assessing authority under Section 43B(b) of the Income Tax Act, 1961 (in short "the Act").

2 The appeal was admitted vide order dated April 30, 2001, on the following substantial questions of law:

1. Whether Section 43B of the Act empowers the assessing authority to make addition to the income of the assessee of the amount representing the employees' contribution to the provident fund, which although credited to the employees account but not deposited during the relevant accounting y