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2013 (4) TMI 8 - AT - Income TaxAllowability of ESIC & PF - Addition as professional fees - Held that :- Insofar as the Income-tax Act is concerned, the assessee can get the benefit if the actual payment is made before the return is filed, as per the principle laid down in Vinay Cement (2007 (3) TMI 346 - Supreme Court of India) where the deletion of the second Proviso to s. 43B was held applicable to earlier years as well. As the deletion of the 2nd Proviso is retrospective, the case has to be governed by the first Proviso. Dharmendra Sharma (2007 (11) TMI 39 - HIGH COURT , DELHI) & P.M. Electronics (2008 (11) TMI 3 - DELHI HIGH COURT)followed. - If the employees’ contribution is Not deposited by the due date prescribed and is deposited late, the employer not only pays interest on delayed payment but can incur penalties also. - deduction claimed by the Assessee has to be allowed. - Decided in favor of assessee. Regarding Professional Fees - AO added the sum observing that the assessee failed to reconcile the bills and books of account. - The assessee’s stand was that in the receipts it had reflected a sum of Rs.40,200/- as receipt from TCM Property Consultancy Pvt. Ltd. - This sum was arrived at by the assessee by deducting Rs. 5594/- as service tax received from Rs. 45794/- receivable from the aforesaid party. - Held that:- matter remanded back for reconsideration.
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