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2014 (10) TMI 961 - ITAT, PUNEDeduction claimed u/s. 80IA in respect of profit earned from the project Godawari Lift Irrigation Scheme developed by the Govt. of Andhra Pradesh - Held that:- As decided in assessee's own case [2014 (9) TMI 1065 - ITAT PUNE] we are not inclined to interfere with the finding of CIT(A) who has deleted the disallowances u/s.80IA of the Act in respect of profit earned from the project Godawari Lift Irrigation Scheme and Guthpa Lift Irrigation Scheme respectively. Disallowance of the warranty provision - Held that:- CIT(A) has rightly decided the issue in the light of judgement of the Hon’ble Supreme Court in the case of Rotork Control India P. Ltd. (2009 (5) TMI 16 - SUPREME COURT OF INDIA). We uphold the same. Disallowance u/s.40(a)(ia) - assessee has not deducted tax at source on payment of commission to the Non-executive Directors - Held that:- The issue before us is with regard to commission paid to director. The issue has to be looked into its facts and circumstances which needs deep probe into the matter. So, in the interest of justice, we restore this issue to the Assessing Officer with a direction to decide the same as per fact and law after providing due opportunity of being heard to the assessee. Computation of Book profit u/s.115JB - Held that:- We are not inclined to interfere with the finding of CIT(A) who has upheld the addition made by the Assessing Officer to the Book Profit as defined under Explanation to section 115JB. We uphold the same. Medical expenses reimbursed to employees and payment of Fringe Benefit Tax - Held that:- Since the CBDT has issued clarification that reimbursement of medical expenses up to ₹ 15,000/- is taxable as a fringe benefit in the hands of the employer, the Assessing Officer following the Circular has rightly treated the reimbursement of medical expenses to employees and non-working directors of the company as a fringe benefit under section 115 WB(2)(E) of the Act. Accordingly, the action of the Assessing Officer on this ground is upheld.
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