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2018 (1) TMI 1378 - AT - Income TaxBusiness expenditure u/s 37(1) - Punitive charge for overloading a wagon - AO treated the overloading charges is nothing but a penalty as per provision of section 73 of the Indian Railway Act, 1989 - CIT(A) deleted the additions - Held that:- In the present case there is no offence whatsoever and there is no compounding fee paid and claimed as deduction. As far as the decision of the Hon’ble Supreme Court in the case of Haji Aziz and Abdul Brothers [1960 (11) TMI 15 - SUPREME COURT] is concerned it was again the case of breach of penal provisions of Customs Act for which fine was paid. Under these circumstances, the expenses were not allowed as deduction. We are of the view that in the facts and circumstances of the present case the claim of the assessee for deduction was rightly allowed by CIT(A). - Decided against the revenue. Additions u/s 43B - contribution payable by its employees from their salaries payable, as their share of contribution to Provident Fund (PF) and Employees State Insurance (ESI) - Held that:- employees’ contribution to PF paid on or before the due date of filing the return of income u/s 139(1) of the Act should be allowed as deduction - Decided against the revenue.
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