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2013 (8) TMI 519 - ITAT MUMBAIPF and ESIC contribution - Addition made on account of delayed payment - CIT deleted addition - Held that:- if the amount is paid before filing the return under Section 139(1) then no disallowance can be made - If the amount is paid within the grace period then the amount needs to be treated paid in time - Following decision of CIT Vs. Alom Extrusions Ltd. [2009 (11) TMI 27 - SUPREME COURT] - Decided against Revenue. Reopening of assessment - Addition on account of depreciation - Held that:- reasons have been recorded on the basis of contents of balance sheet filed along with return of income. The assessment in this case was completed under Section 143(3) on 28-1- 2006 and the return was filed on 25-11-2003 originally. The case of the assessee does not fall under the exception clause provided under section 147(a), where the assessment can be reopened after four years, if the AO found that the assessee has not disclosed all the particulars of income completely and truly - This is not a case of the AO that the assessee has not disclosed fully and truly all materials facts in respect of income earned during the year - While computing the assessment, the block of assessment cannot be segregated - Following decision of Hindustan Lever Limited Vs. ACIT [2004 (2) TMI 41 - BOMBAY High Court] - Decided against Revenue.
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