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2021 (6) TMI 883 - AT - Income TaxClaim of additional depreciation u/s 32 (1) (iia) - HELD THAT:- As is brought to our notice that the issue of claim of additional depreciation under section 32 is recurring nature and we noticed that the respective assessing officers in assessment year 2012-13 and 2013-14 had disallowed the claim of additional depreciation and in those respective assessment years the issue was contested before coordinate benches of this tribunal and it was held in favour of the assessee [2019 (1) TMI 1899 - ITAT MUMBAI] - Since this issue is already settled in favour of the assessee, we do not see any reason to interfere with the findings of Ld. CIT(A). Accordingly ground No. 1 raised by the revenue is dismissed. Delay in deposit of employees ESIC and labour welfare fund contribution - HELD THAT:- In the case of the assessee, it is observed from Tax audit report submitted by the assessee that, it has received from its employees towards Employee Contribution fund within dates but deposited to the fund houses before filing ITR - As considered that Sec 43B applies to both employee and employer contributions and if the contributions are paid to the fund houses before filing ITR, no disallowance u/s 36(1)(va) is warranted. It is established that when the employee deposits both of its contribution and employees' contribution to the fund houses before the date of filing ITR, the entire amount will be allowed as deduction in the profit and loss account of the assessee u/s 43B - AO is thus directed to delete the addition made to the total income of the assessee u/s 36(1)(va) of the Act and allow the said addition u/s 43B - This ground of appeal is allowed.
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