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2019 (1) TMI 539 - ITAT AHMEDABADDisallowance u/s 36(1)(va) - late payment of employee’s contribution to provident fund account - application for rectification under section 254(2) - Held that:- As consistency view in favour of the Revenue on the issue of claim of deduction under section 36(1)(va) of the Act, whereby the assessee has missed deadline for deposit of employees’ contribution in the relevant fund before the due date of filing of the return by following in the case of Gujarat State Road Transport Corporation Ltd. Vs. CIT (supra). As pointed out by the assessee, recently, Hon’ble jurisdictional High Court in the case of Salasar Laminates Ltd. Vs. Deputy Commissioner of Income Tax in Tax Appeal No.1186 of 2018 order dated 1.10.2018 has held that since appeal against the judgment of High Court in the case of Gujarat State Road Transport Corporation Ltd. (supra) is pending, and SLP has been granted, liberty was given to assessee to file an application for revival of appeal, in case Hon’ble Supreme Court reverse the decision of the High Court on the issue. Addition while computing book profit u/s 115JB - similar addition was made u/s 14A while computing normal income of the assessee-company - Held that:- Special Bench answered this question in favour of the assessee and held that computation for the purpose of clause (f) of Explanation 1 to Section 115JB(2) is to be made without resorting to the computation as contemplated under section 14A r.w. rule 8D. Respectfully we allow this ground of appeal and direct the AO not to make adjustments in book profit for the purpose of MAT liability on the basis of calculations made with Rule 8D of the Income Tax Rules. - Appeal of the assessee is partly allowed.
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