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2013 (7) TMI 37 - ITAT KOLKATAEmployees' contribution towards PF and ESI - late deposits - CIT(A) deleted the addition - Held that:- Though the payment was effected beyond the time prescribed in section 36(1)(va) but the same was duly paid by the appellant before due date of furnishing of the return disallowance made by the A.O u/s. 43B/36(1)(va) is deleted. See CIT v. Sabari Enterprises (2007 (7) TMI 169 - KARNATAKA HIGH COURT) CIT vs. Alom Extrusions Ltd. [2009 (11) TMI 27 - SUPREME COURT] and CIT v. AIMIL Limited [2009 (12) TMI 38 - DELHI HIGH COURT]. In favour of assessee. Profit on sale of car i.e. depreciating asset & temporary site shed - CIT(A) deleted the addition - Held that:- As both the assets sold by assessee form part of block of assets and were entitled to depreciation under the Act as stated by assessee the depreciation chart reveals that block of asset has not come to an end. It is very much available and once the respective block is not wiped out, the profit cannot be assessed on account of sale of asset. Also as that opening WDV far exceeds the full value of consideration received on sale for this asset. Hence, the profit cannot be brought to tax on capital gains. In favour of assessee.
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