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2015 (8) TMI 133 - AT - Income TaxDisallowance of bonus payable to employees u/s 43B - the same was not paid before the due date of filing of return - Held that:- As find from the balance sheet as on 31.3.2009 that an amount of ₹ 30 lakhs was appearing under the head Bonus payable (2008-09) and this amount was not paid till 30.9.2009. When this fact was confronted to the assessee, the assessee vide reply dated 26.12.2011 admitted that the bonus payable at ₹ 30 lakhs could not be paid before the due date of filing of the return i.e. 30.9.2011. He, however, claimed that a provision under section 43B of the Act is applicable in the present case, but this argument cannot be appreciated as the provision for bonus payable cannot be allowed under section 43B of the Act. Since the assessee has not made payment before the due date of filing of the return, the lower authorities have rightly disallowed the claim of payment of bonus - Decided against assesee. Whether Bonus pertaining to earlier year actually paid during the year under appeal should have been allowed as per provision of section 43B - Held that:- This amount was not disallowed in earlier years, therefore, it cannot be allowed and adjusted in the current year. Accordingly, the order of the ld. CIT(A) on this issue is confirmed.- Decided against assessee. Disallowance of amount deposited under the Group Gratuity Scheme of LIC of India - the Gratuity Fund of the appellant was not approved by the Competent Authority for recognition of the gratuity fund as provided under the provisions of section 36(l)(v) - Held that:- In the absence of proper recognition by the competent authority, the expenditure under the head employers contribution towards provident fund, cannot be allowed. We accordingly confirm the order of the ld. CIT(A) on this issue.- Decided against assessee. Addition being the difference between deposits and deduction of employees' provident fund - Held that:- As during the course of assessment proceedings, the Assessing Officer has noticed that total deduction on account of employee’s contribution towards EPF from April, 2008 to March, 2009 was ₹ 58,87,417/- whereas the amount deposited was ₹ 59,52,666/-. The difference of ₹ 65,249/- was added as income by the assessee treating the same as penal interest, against which an appeal was filed before the ld. CIT(A), but no submission was advanced and the ld. CIT(A) has correctly confirmed the addition. - Decided against assessee.
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