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2019 (1) TMI 1969 - AT - Income TaxDisallowing Sales Incentive expenses - A.O. for disallowing payment is that the fact of the appellant was already crystallized during the year on the basis of sales booked and hence the liability in respect of payment of sales incentive on the sales booked during the year by the company and was already known to the company - HELD THAT:- As relying on INDIAN PETROCHEMICALS CORPORATION LTD. [2016 (9) TMI 110 - GUJARAT HIGH COURT] ground of appeal allowed. Disallowing Sales Promotion expenses - HELD THAT:- As relying on M/S. SUNFLOWER PHARMACY [2017 (12) TMI 1552 - ITAT AHMEDABAD] which has already given relief to some pharmaceutical company, therefore, we allow this ground of appeal. Disallowance of Employees Provident Fund u/s. 36(1)(va) - HELD THAT:- This issue is already against the appellant for late deposit of Employees Provident Fund with the authority by the judgment of Hon’ble Gujarat High Court in the matter of GSRTC [2014 (1) TMI 502 - GUJARAT HIGH COURT] - . In the meanwhile, it is noticed that on this issue appeal is pending before the Hon’ble Supreme Court and recently Hon’ble Gujarat High Court in [2018 (10) TMI 1632 - GUJARAT HIGH COURT] has held that two clear ways are possible to enable the appellant-assessee to get benefit of the judgment of the Supreme Court, in case the High Court judgment is reversed by the Hon’ble Supreme Court - A.R. requested that in view of the order passed by the Hon’ble Gujarat High Court as aforesaid therefore this matter may be restored to the file of the ld.CIT(A). Appeal is allowed for statistical purposes.
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