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2017 (3) TMI 1928 - AT - Income TaxDisallowance u/s 2(24)(X) r.w. Section 36(1)(va) - late payment of employees’ contribution to PF and ESI - HELD THAT:- As assessee had deposited the employees’ contribution to PF and ESI beyond the due date prescribed in the relevant Act but the same were duly remitted by the assessee before the due date of filing of return of income u/s 139(1) of the Act and accordingly CIT(A) by following the decision of M/s. Vijay Shree Ltd [2011 (9) TMI 30 - CALCUTTA HIGH COURT] held CIT(A) has failed to appreciate the fact that the assessee is not entitled to deduction of the employees’ contribution to provident fund & ESI which was paid after the due date as specified in Explanation to section 36(1)(va) of the Act, as section 43B cannot be pressed into service because section 43B comes into play only when a deduction is otherwise allowable under the Income-tax Act. Decided in favour of assessee. Disallowance u/s 14A r.w. Rule 8D - AO applied the provisions of second and third limb of the Rule 8D(2) of the Rules and made the disallowance - CIT(A) deleted the disallowance - HELD THAT:- The issue in dispute is covered by the decision of this Tribunal in the assessee own case, which has been subsequently approved by the Hon’ble Calcutta High Court M/S. REI. AGRO LTD. [2014 (4) TMI 713 - CALCUTTA HIGH COURT] - CIT(A) had rightly followed the said decision while directing the Ld. AO to re-compute the disallowance. Hence, we do not find any infirmity in the order of the Ld. CIT(A) in this regard. Accordingly, the grounds raised by the Revenue in this regard is dismissed for both the assessment years. Appeals of the Revenue are dismissed.
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