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2016 (1) TMI 401 - ITAT AHMEDABADDisallowance of employees contribution for PF & ESI - Held that:- This issue has been decided by the Hon’ble Jurisdictional High Court in favour of the Revenue in the case of CIT vs. Gujarat Road State Transport Corporation reported at (2014 (1) TMI 502 - GUJARAT HIGH COURT ) - Decided against assessee Disallowance of expenses u/s.40(a)(ia) - deduction of tax paid after the specific date - contention of the ld.counsel for the assessee is that the TDS was deposited before the due date for filing of return - Held that:- The law is well settled, in case the assessee has paid tax before the due date of filing of the return, then disallowance u/s.40(a)(ia) is not called for on the ground that TDS was not paid before the due date specified in the section. The Revenue has not controverted the fact that the assessee has deposited the tax before the due date of filing of the return, therefore we direct the AO to delete the disallowance. - Decided against revenue Short deduction or non-deduction of TDS - disallowance of expenses by invoking the provisions of section 40(a)(ia) - Held that:- restore this issue back to the file of AO to verify whether any order u/s.201 has been passed against the assessee. In case, no order has been passed, the AO would decide this issue in the light of the judgement of the Hon’ble High Court of Delhi in the case of CIT vs. Ansal Land Mark Township (P) Ltd.(2015 (9) TMI 79 - DELHI HIGH COURT ). Thus, this ground of assessee’s appeal is allowed for statistical purposes. Addition u/s.68 - unexplained cash credit - Held that:- There were debit and credit entry into the ledger account of the depositor. We find that there are debit entries of ₹ 1,50,000/-, then credit entries of ₹ 50,000/- & ₹ 1 lac, again there is a debit entries of ₹ 20,000/- and there is corresponding credit entry f ₹ 20,000 and again there is a credit entry of ₹ 72,000/- and debit entry of ₹ 72,000/-. The AO has added the entire entry entries of ₹ 3,94,000/- All these transactions have been routed through banking channel. The closing balance is of ₹ 1,52,000/-. We find that the AO has not given set off of these debit entries, when the transaction is routed through banking channel, identity of depositor is established, therefore in our considered view, the AO was not justified in making the disallowance of the entire credit entries amounting to ₹ 3,94,000/- and he ought to have given the set off of the debit entry. Therefore, the addition is sustained to the extent of ₹ 1,52,000/- and rest of the addition is directed to be deleted - Decided partly in favour of assessee.
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