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2014 (11) TMI 768 - AT - Income TaxBelated payment of contributions towards EPF and ESI deleted – Held that:- Following the decision in CIT V/s. Ghatge Patil Transport Ltd. [2014 (10) TMI 402 - BOMBAY HIGH COURT] wherein after taking into consideration the provisions of S.2(24)(x) read with S.36(1)(va) and S.43B, held that even employees contribution to Provident Fund etc. is allowable as deduction, if it is deposited before the due date of filing of the return of income for the relevant year - the order of the CIT(A) is upheld allowing the deduction claimed by the assessee on account of payment of employees’ contribution towards Provident Fund and ESI made by the assessee, after the due dates prescribed in the respective statutes, but before the due date of filing of the return of income for the year – Decided against revenue. Disallowance u/s 40(a)(ia) – Audit fee paid – Laibility to deduct tax u/s 194J - Held that:- The assessee has contended that the assessee company has not been treated as the assessee in default u/s 201(1) of the Act for its failure to deduct tax at source from the payment made on account of audit fee and therefore, no disallowance can be made on account of audit fee, as per the second proviso to S.40(a)(ia) – thus, the matter is remitted back to the AO for verification as to whether the assessee company is treated as an assessee in default under S.201(1) of the Act for its failure to deduct tax at source from the payment made on account of audit fee – Decided in favour of assessee. Depreciation on Xerox copiers, LCD TV, colour copier and LCD screens – Held that:- As held in Asstt. CIT V/s. Amadeus India (P) Ltd. [2001 (1) TMI 918 - ITAT DELHI] - the term ‘computer’ should be interpreted liberally, broadly and in consonance with the intent of the legislation and working of the entire system as a whole - if any assets are found to be integral parts of the computer or computer system, the same are entitled for depreciation at higher rate, as applicable to the ’computer’ – It depends on the facts of each case as to whether a particular item or asset forms integral part of the computer or computer system and this issue is required to be decided after taking into consideration the exact usage or application for such items or assets keeping in view the nature of the business of the assessee as well as the functions to which the said assets/items are put to use - The submissions explaining the usage or application of the concerned items/assets are being made by the assessee for the first time before the Tribunal, and no such explanation was offered either before the AO or before the CIT(A) – thus, the matter is to be remitted back to the AO for fresh adjudication – Decided in favour of assessee.
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