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2016 (10) TMI 1059 - AT - Income TaxAddition made u/s 36(1)(va) - delay in the payment of employee’s contribution to ESIC and PF - Held that:- As the assessee had remitted the employees contribution beyond the due date for payment, but within the due date for filing the return of income. Hence, following the decision of CIT v. M/s. Industrial Security & Intelligence India Pvt. Ltd. [2015 (7) TMI 1063 - MADRAS HIGH COURT] we delete the addition made. - Decided against revenue Addition made under section 14A - Held that:- In view of the decision of the Hon’ble Mumbai High Court in the case of Godrej & Boyces Mfg. Co. Ltd. (2010 (8) TMI 77 - BOMBAY HIGH COURT ), wherein, it was held that the application of section 14A of the Act is constitutionally valid and Rule 8D is applicable from the assessment year 2008-09 and onwards. In view of the provisions of clause (iii) to Rule 8D(2), any investments made would definitely involve certain administrative and establishment cost since the decision to make investments, track investments, and follow-up activity would entails definite costs. Under the above facts and circumstances, we set aside the order of the ld. CIT(A) on this issue and sustain the disallowance made by the Assessing Officer under section 14A of the Act. Thus, the ground raised by the Revenue is allowed.
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