TMI Blog2013 (12) TMI 1591X X X X Extracts X X X X X X X X Extracts X X X X ..... 43B of the Act and amendment in the first proviso to section 43B is held to be retrospective in operation, it cannot be said that the learned Tribunal has committed any error and/or illegality in deleting the disallowance made under section 43B(b) - Decided against the revenue. Ee-compute the interest under section 234B of the Act after allowing credit of MAT. - TAX APPEAL NO. 399 OF 2007 - - - Dated:- 21-12-2013 - M.R. SHAH AND R.D. KOTHARI, JJ. Mrs. Mauna M. Bhatt for the Appellant. Mrs. Swati Soparkar for the Respondent. JUDGMENT M.R. Shah, J. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 11.08.2006 passed by the learned Income Tax Appellate Tribunal, Ahmedabad Bench & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sallowances u/s.40A(2)(a) of Management Consultancy fees Rs.30,00,000/- 4. Disallowance of depreciation on Mercedes Car Rs.13,26,787/- 5. Disallowance of weightage in reduction on expenses connected with sec.35(2AB) approved R D Rs.25,23,138/- 6. Disallowance in respect of PF/ESI payments within grace period ₹ 7,47,328/- 7 Computation of deduction u/s. 80HHC based on different basis than that adopted by the Assessee Rs.11,78,956/- 8a Not allowing the deductions claimed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d CIT(A) confirming the disallowance/additions made by the AO on the aforesaid counts. The revenue also preferred appeal against the order passed by the learned CIT(A) in directing the AO to charge the interest under section 234B only after allowing the credit of MAT. By impugned judgment and order the learned ITAT has deleted the disallowance under section 43B(b) of the Act read with second proviso, in respect of unpaid PF/ESI amount. By impugned judgment and order the learned ITAT has also directed the AO to re-compute the interest under section 234B of the Act after allowing credit of MAT. 2.3 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned ITAT, the revenue has preferred the present tax a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 43B is held to be retrospective in operation, it cannot be said that the learned Tribunal has committed any error and/or illegality in deleting the disallowance made under section 43B(b) of the Act in respect of the unpaid PF/ESI amount. Applying the ratio/law laid down by the Hon'ble Supreme Court in the case of Aloma Extrusions Ltd. (Supra), question No.(A) is answered against the revenue. 3.1 Now, so far as the question No.(B) i.e. the order passed by the Appellate Tribunal directing the Assessing Officer to recompute interest u/s.234B after allowing credit of MAT is concerned, the same is also now not res integra in view of the decision of the Hon'ble Rajasthan High Court in the case of CIT v. M.A. Presstressed Works [199 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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