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2017 (5) TMI 218 - AT - Income TaxAdding leave salary u/s.43B(f) - Held that:- The assessee failed to file the necessary evidence in course of the impugned consequential proceedings. It did not provide / file permanent addresses of the concerned employees so as to prove genuineness of the leave salary expenses in question. Both the lower authorities therefore repeat the impugned disallowance. Learned senior counsel/Authorized Representative is very fair in informing the bench that the very factual position continues herein as well. We thus find no reason to interfere in the impugned disallowance. This first substantive ground decided against assessee. Disallowance of interest expenses - non charging of interest on loans given to partner - CIT(Appeals) noted that if no loan or advance is given to Shri R.P.Singh in the assessment year in question, there is no question of any diversion of borrowed funds, thus restore this issue to the file of Assessing Officer with a direction to verify, if any interest is charged, in the earlier assessment year or not - Held that:- We sought to know from Shri Shah as to whether the assessee has filed any supportive evidence in furtherance to the above extracted directions or not. His reply is in negative. We therefore affirm the second disallowance as well by following the above extracted detailed discussion. - Decided against assessee. Disallowance to contribution made towards provident funds paid before the due date of filing of the return - Held that:- There is no dispute that the assessee did not file the requisite details in light of the above extracted directions that the same had been paid before the due date. The fact remains that the law on this issue is very much against the assessee as of now. The assessee fails in its third substantive ground as well.
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