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2018 (6) TMI 159 - AT - Income TaxDisallowance of payment for employees contribution towards PF and ESIC after the due date - Held that:- Following the judgment of Jurisdictional High Court in case of COMMISSIONER OF INCOME TAX II VERSUS GUJARAT STATE ROAD TRANSPORT CORPORATION [2014 (1) TMI 502 - GUJARAT HIGH COURT] as held sums were not credited by the respective assessee to the employees 'accounts in the relevant fund or funds on or before the due date as per the Explanation to section 36(1)(va) of the Act i.e. date by which the concerned assessee was required as an employer to credit employees' contribution to the employees account in the Provident Fund under the Provident Fund Act and/or in the ESI Fund under the ESI Act - Decided against the assessee. Disallowance of depreciation - whether the rented out machinery is used for the business purpose - Held that:- The use of capital asset by the assessee being owner is not mandatory but use of business purpose - since assessee has offered rental income from the machinery under the head business or provisions, therefore he is entitled to claim depreciation corresponding to the rental income derived from the letting out of machinery u/s 32 - Decided in favor of assessee. Disallowance u/s 194J for non deduction of TDS - expenses under the head legal and professional fees - Held that:- The case of the assessee falls after the enhancement of threshold limit - where the payments exceeds limit of 30,000/-, TDS is required to be deducted - in case Shri Sanjiv Khurana assessee is not in default - in case of R. M. Modi, there is lack of documentary evidence, thus case is remitted back to the file of the AO - decided for statistical purpose.
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