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2014 (1) TMI 1879 - ITAT KOLKATADelayed payment of employees contribution to PF & ESI - violation of section 2(24)(x) read with section 36(I)(va) - CIT-A deleted the addition - HELD THAT:- As it is noticed that the assessee had made the payments in respect of the employees contribution to PF and ESI before the due date of filing the return as is apparent from Tax Audit Report we are of the view that the issue is squarely covered by the decision of M/S. ALOM EXTRUSIONS LIMITED [2009 (11) TMI 27 - SUPREME COURT] Consequently the finding of the ld. CIT(A) on this issue stands confirmed. Disallowance u/s 14A - HELD THAT:- As it is noticed that the issue of disallowance under Rule 8D has been consistently being held by the Coordinate Bench of this Tribunal at 1% of the dividend income for the Assessment years before A.Yr. 2008-09, we are of the view that the finding of ld. CIT(A) on this issue is on a right footing and does not call for any interference. Allowance of deduction u/s 80-IA(4) - HELD THAT:- As it is noticed that the issue is squarely covered by the decision of the Coordinate Bench of this Tribunal in the case of assessee’s sister concern [2013 (6) TMI 813 - ITAT KOLKATA] as also on account of the fact that it is noticed that assessee has been paying VAT on the turn over in respect of various projects. The projects which have been undertaken by the assessee in West Bengal and Bihar are also such projects which are assessable under the relevant states VAT Laws In the circumstances we are of the view that the assessee is entitled to the benefit of deduction u;/s 80IA(4) as claimed. In the circumstances the AO is directed to grant the assessee benefit of deduction u/s 80IA of the Act as claimed.
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