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2016 (1) TMI 362 - AT - Income TaxPrior period expenses - CIT(A)allowed the claim - Held that:- AO has filed the complete details of the prior period expenses of ₹ 1,96,917/-. Vide letter dated 26.4.2008, vouchers in respect of the same were filed. From the details we note that the approval for payment of these expenditure were given during the year and therefore the liability crystalised during the year in view of these facts and the consistent view of this Bench that the liability crystalised on approval of payment, we find no infirmity in the order of ld.CIT (A) deleting the disallowance - Decided in favour of assessee Disallowance of an unapproved gratuity fund - CIT(A)allowed the claim - Held that:- This issue in assessee's own case for the assessment year 2006-07 in favour of the assessee wherein held there is no dispute as to the fact that assessee has applied for approval of the scheme on 31.03.1981. The A O has not brought any material on record that the approval to the scheme is not allowed. Therefore the scheme cannot be taken as not approved. The assessee can’t be made to suffer for inaction of the department. Considering these facts, this Bench in assessee’s own case of A.Y. 1996-97 & 1997-98 itat allowed the claim of the assessee - Decided in favour of assessee Contribution to State Renewal Fund - CIT(A) treated as allowable expenditure - Held that:- This issue is covered in favour of the assessee as the amount was set apart not for shareholder but it was provided for the benefits of the employees, by following our earlier decisions, we uphold the order of CIT(A) on this issue.- Decided in favour of assessee
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