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2016 (5) TMI 1559 - ITAT JAIPURDisallowance of prior period expense - AO considering that these expenses related to prior period and the same are not deductible expenditure while computing the profits of the business of current year - CIT (A), who allowed the claim of the assessee - HELD THAT:- We find that the issue of prior period expenses has earlier decided by the ld. CIT (A) in assessee’s own case for the A.Ys. 2007-08 to A.Y. 2009-10 [2015 (7) TMI 1386 - ITAT JAIPUR] whereby the disallowance was deleted by the ld. CIT(A) and no appeal against the same was preferred by the revenue. Considering that the issue involved in the years under consideration is same and also in view of the judicial precedents, we find no infirmity in the order of ld. CIT (A) and the same is confirmed. The ground of the revenue for all the three assessment years is dismissed. Allowable business expenses - Addition of contribution made by the assessee to rehabilitation fund by not treating the same as business related expenditure - assessee has made contribution towards rehabilitation fund to milk unions - CIT (A) allowed the appeal of the assessee by directing the AO to delete the disallowance - HELD THAT:- We find that for the years under consideration, RCDF Rehabilitation and Development Fund was created as a separate trust on 26.03.2008 and was duly registered under section 12AA w.e.f. 02.05.2008 and the actual contribution made to the fund is directly connected with the business of the assessee which has resulted into benefit. Similar contribution made in A.Y. 2012-13 has been allowed by the AO. Recently, the coordinate Bench of the Tribunal in the case of Jaipur Zila Dugdh Utpadak Sahakari Sangh Ltd [2015 (7) TMI 1386 - ITAT JAIPUR] has remanded the matter to the departmental authorities to decide the matter afresh -we find no infirmity in the order of ld. CIT (A), the same is confirmed. The ground of the revenue for both the years is dismissed. Addition made for depositing the employee’s contribution to PF and ESI beyond the prescribed time limit - whether employee’s contribution to PF and ESI are governed by provisions of sec. 43B and not by sec. 36(1)(va) read with section 2(24)(x) of the IT Act? - HELD THAT:- There is no dispute as to the fact that assessee has deposited the PF before filing of the return. The various High Courts including the Rajasthan High Court has held that if the employees contribution to PF is deposited before the due date of filing of the return, the same is allowable. See CIT vs. State Bank of Bikaner & Jaipur [2014 (5) TMI 222 - RAJASTHAN HIGH COURT] , Jaipur Vidyut Vitran Nigam Ltd. [2014 (1) TMI 1085 - RAJASTHAN HIGH COURT] and Udaipur Dugdh Utpadak Sahakari Sangh [2014 (8) TMI 677 - RAJASTHAN HIGH COURT] - Decided in favour of assessee.
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