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2013 (12) TMI 1559 - AT - Income TaxDelay in deposit of Employees contributions of Provident Fund - Held that:- EPF was paid before the due date of filing the return. Thus we direct the A.O. to allow the payment of EPF contributions since the same has been paid before the due date of filing the return. Claim of deduction u/s 80IB - Held that:- As the assessee has supplied DG sets to the customers which includes installation, testing and commissioning, which is intricate and inseparable part of manufacturing activity and therefore, any surplus arising therefrom shall be termed as derived from an industrial undertaking and eligible for deduction u/s 80IB of the Act Accordingly, the order of the Ld. CIT(A) is reversed and the AO is directed to allow deduction u/s 80IB Violation of provisions of section 40A(3) - Held that:- There is no dispute to the fact that the rent has been paid in cash in violation of provisions of section 40A(3) and the Ld. CIT(A) has rightly confirmed the action of the AO in disallowing the same. It is also fact that the disallowance of sum claimed enhances the income of the assessee and the income so enhanced is available u/s 80IB of the Act. Therefore, in the facts and circumstances of the case, the ld. CIT(A) is not justified in not allowing deduction u/s 80IB of the Act.
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