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2016 (12) TMI 868 - AT - Income TaxDisallowance of Vehicle running and maintenance, Depreciation on car and Telephone expenses on account of personal use - Held that:- It is noticed that the assessee is an individual. There is no log book maintained by the assessee to show that vehicle was run and telephone was used only for business purposes. In these circumstances, element of personal user from these expenses cannot be ruled out. Thus sustenance of disallowance at 10% of these expenses is reasonable, which does not require any interference.- Decided against assessee in part Low household withdrawals - Held that:- As assessee did not furnish any justification for the household withdrawals before the AO addition confirmed. - Decided against assessee Addition u/s 43B - delay in payment of PPF - Held that:- The Hon’ble Supreme Court in the case of CIT v. Alom Extrusions Limited [2009 (11) TMI 27 - SUPREME COURT ] has held that the amendment to first proviso and omission of the second proviso to section 43B by the Finance Act, 2003 is retrospective. The Hon’ble Delhi High Court in the case of CIT v. Aimil Limited [2009 (12) TMI 38 - DELHI HIGH COURT ] has allowed deduction in respect of employees’ share when the amount was paid before the due date. When I consider these two judgments, it becomes patent that both the employer’s and employees’ contribution are allowable as deduction if the amount of provident fund etc., though belatedly, but is paid before the due date of filing of return u/s 139(1) of the Act. Adverting to the facts of the instant case, it is seen as an admitted position that the assessee deposited its and employees’ share in EPF etc. before the due date u/s 139(1) of the Act. Thus deletion of the addition confirmed. - Decided against revenue
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