Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2018 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 110 - HC - Income TaxReopening of assessment - employee’s contributions of provident fund - Time period for filing an annual return under Section 139(1) - Held that:- In the facts of present case, the employee’s portion of the provident fund was paid on August 8, 2006. It was paid within the due date for filing the annual return for the financial years. Therefore, the petitioner was entitled to the deductions as claimed before the assessing officer. In the facts of the present case, the assessing officer had a tax audit report which disclosed the deductions claimed by the petitioner. It had shown, in the tax audit report that, the employee’s contributions of provident fund for the month of June 2006 was paid in the month of August 2006. Since the payment was made within the time period for filing an annual return under Section 139(1) of the Act of 1961, it cannot be said that there was any delay on the part of the petitioner to claim the deduction. Moreover, there was no new material before the assessing officer to form an opinion under Section 147 of the Act of 1961. - Decided in favour of assessee
|