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2015 (12) TMI 1455 - AT - Income TaxAllowance of claim of exemption u/s 10(30) - CIT(A) directing the ld. AO to verify the certificate issued by the Tea Board for the subsidy paid to the assessee - Held that:- We have heard the ld. AR on this issue and held that in the interest of justice and fair play, this issue be restored to the file of the ld. AO to verify the certificate from Tea Board for the subsidies paid to the assessee during the assessment year under appeal and direct the ld. AO to grant exemption u/s 10(30) of the Act only to the extent of subsidies received during the year subject to production of certificate from Tea Board. Decided in favour of revenue for statistical purposes. Addition employees’ contribution to Provident Fund (P.F.) - CIT(A) deleted the addition - Held that:- This issue is directly covered in favour of the assessee by the decision of the Hon’ble Apex Court in the case of Vinay Cement reported in (2007 (3) TMI 346 - Supreme Court of India) wherein it has been held that statutory items like Provident Fund and ESI, if paid before the due date of filing the return of income have to be allowed irrespective of the fact whether the contributions related to the employee and employer. However, we are not able to verify from the materials available on record as to whether the provident fund remittances were indeed made before the due date of filing the return of income by the assessee. Accordingly, we set aside this issue to the file of the ld. AO with the direction to verify the dates of remittance and if the same is paid before the due date of filing of return of income, the deduction should be granted to the assessee - Decided in favour of revenue for statistical purposes. Deduction towards cess on green leaf - CIT(A) allowed claim - Held that:- This issue is squarely covered by the decision of the Hon’ble Calcutta High Court in the case of CIT vs AFT Industries Ltd. reported in ( 2004 (7) TMI 81 - CALCUTTA High Court) wherein held entire amount paid as cess on green leaf seems to be eligible for deduction - Decided against revenue Claim of subsidy for the purpose of ascertaining the book profit u/s 115JB - CIT(A) allowed claim - Held that:- this issue is only consequential to the first ground raised by the revenue. There, we have directed the ld. AO to grant exemption u/s 10(30) of the Act towards tea plantation subsidy to the extent of subsidy received during the year subject to production of certificates from Tea Board to that effect. We hold that whatever is allowed by the ld. AO pursuant to that ground, the same amount had to be reduced from the net profit as per profit and loss account towards exemption u/s 10(30) of the Act for the purpose of ascertaining the book profit u/s 115JB of the Act - Decided in favour of revenue for statistical purposes.
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