Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2021 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (1) TMI 673 - AT - Income TaxDelay in the deposit of employees contribution towards PF and ESIC - employees contribution is required to be deposited within the due date prescribed u/s. 36(1)(va) - HELD THAT:- The issue is covered against the assessee by the Hon'ble Gujarat High Court in the case of CIT vs. GSTRC [2014 (1) TMI 502 - GUJARAT HIGH COURT] - Decided in favour of revenue. Addition on account of the amount written off for non-recovery of security deposits - assessee during the year has written of security deposit made with the landlord - HELD THAT:- Issue decided in favour of assessee as relying on ow case [2020 (3) TMI 620 - ITAT AHMEDABAD]. Addition u/s 40(a)(ia) - non-deduction of TDS with respect to the expenses claimed on provisional basis - Addition u/s. 40(a)(ia) on account of disallowance of commission expenses - HELD THAT:- Cumulative effect of the provisions of section 194C/194H/194J/200/203 of the Act is that after the deduction TDS from the sum/income payable to a person, the same has to be paid to the government exchequer and a certificate has to be issued to the concerned person who is recipient of such sum/income payable by the assessee. But the same is not possible where the recipient of such sum/income payable by the assessee is not identifiable. In other words, the assessee cannot comply the provisions of chapter XVII of the Act with respect to the expenses claimed on provisional basis in a situation where the recipients/parties/payees are not identifiable. In the case on hand, there was no allegation from the revenue that recipients/parties/payees are identifiable. Thus we can safely conclude that recipients/parties/payees are not identifiable in the present case in the given facts and circumstances and accordingly the assessee cannot be treated as assessee is default on account of non-deduction of TDS under the provisions of section 40(a)(ia) - Decided in favour of assessee. Depreciation on data processing equipment - HELD THAT:- As relying on assessee's own case we are of the view that the assessee is entitled for depreciation on data processing equipments at the rate of 60%.
|