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2012 (10) TMI 154 - AT - Income TaxClaim u/s. 43B - disallowance as paid after the due date of filing of return of income - Held that:- Copy of debit note is filed of the paper book to support the claim of assessee that the amount in question was paid during the accounting period and such amount was paid before the due date of filing of the return - It is well settled law for deduction u/s. 43B that the deduction is allowable on actual payment and when PF contributions are made before filing of the return, the same is allowable deduction & following decision in case of CIT versus Vinay Cement Ltd. [2007 (3) TMI 346 - SUPREME COURT OF INDIA] - in favour of assessee. Disallowance of depreciation - Held that:- The assessee has filed details of aggregate assets and liabilities which were received on 31.03.2003 and the net fixed assets received on transfer scheme was ₹ 834.01 crores and the assessee claimed depreciation at the lowest rate and whatever addition in the assets was made, the CIT(A) has allowed 50% of the claim of the assessee. Therefore, do not find any infirmity in the order of the ld. CIT(A) in granting relief to the assessee on this issue - in favour of assessee
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