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2014 (5) TMI 185 - AT - Income TaxAddition of travelling expenses Held that:- While disallowing the expenses, the AO had not doubted the expenditure nor pointed out any specific instance of personal expenses - CIT(A) has upheld the disallowance by noting that Assessee could not controvert the findings of AO and has held the part of the expenses to be personal in nature - each assessment year is a separate unit and the principle of res judicata is not applicable to income tax assessments - the disallowance is restricted to Rs 1 lac Decided partly in favour of Assessee. Addition on account of late payment of PFC and ESIC Employees contribution Held that:- The Assessee had deposited employees contribution of ESIC and PF for various months after the due dates prescribed under the Act Relying upon COMMISSIONER OF INCOME TAX II Versus GUJARAT STATE ROAD TRANSPORT CORPORATION [2014 (1) TMI 502 - GUJARAT HIGH COURT] - any sum with respect to the employees contribution as mentioned u/s 36(l)(va), assessee shall be entitled to the deduction of such sum towards the employees contribution if the same is deposited in the accounts of the concerned employees and in the concerned fund such as Provident Fund, ESI Contribution fund, etc provided the sum is credited by the assessee to the employees accounts in the relevant fund or funds on or before the "due date" under the Provident fund Act, ESI Act, Rule, Order or Notification issued thereunder or under any Standing Order, Award, Contract or Service or otherwise - the amount of employees contribution towards PF and ESIC has been deposited beyond the due dates prescribed under the relevant Act there is no need to interfere in the order of the CIT(A) Decided against Assessee. Deletion of penalty u/s 271(1)(c) of the Act Held that:- During the course of assessment proceedings disallowance of employees contribution was made on account of late payment of employees contribution of provident fund and ESIC - CIT(A) while deleting the penalty has noted that AO has not made out any case that the Assessee had concealed income or furnished inaccurate particulars of income Relying upon COMMISSIONER OF INCOME-TAX Versus RELIANCE PETROPRODUCTS PVT. LTD. [2010 (3) TMI 80 - SUPREME COURT] - Revenue could not controvert the findings of CIT(A) thus, there was no reason to interfere with the order of CIT(A) Decided against Revenue.
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