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2018 (8) TMI 1362 - ITAT KOLKATAAdditions u/s 43B - elayed payment of employees contribution towards Provident Fund - according to assessee, the assessee deposited the said amount before due date of filing of income tax return - Held that: -amendment to the second proviso to section 43B of the Act as introduced by Finance Act, 2003 was curative in nature and is required to be applied retrospectively with effect from 1st April, 1988 - No additions - Decided against the revenue. Deduction of expenses - truck operating expense - payment of cash on account of salary to truck helper - Held that:- We note the books of the assessee are audited and the AO has not been able to point out any defect in the books maintained by the assessee. The AO has not rejected the books. In such a scenario, if the AO finds that assessee has not maintained any evidence/material to substantiate the expenses claimed by it, can disallow item wise expenditure claimed. Ad hoc disallowance (10%) of expenditure is not in accordance to law and can be termed as arbitrary exercise of power which has no sanction of law and, therefore, we do not find any infirmity in the order of the Ld. CIT(A) and so we confirm the same. - Decided against the revenue.
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