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2021 (9) TMI 851 - AT - Income TaxTDS u/s 195 - addition u/s 40(a)(ia) - export commission to non-residents - HELD THAT:- This issue is covered in favour of the assessee by the order of the ITAT in the case of IDS Infotech Ltd. [2016 (6) TMI 98 - ITAT CHANDIGARH] and the findings of the ld. CIT(A) are in accordance with the decision of Tribunal. Further, the ld. CIT(A) has followed the decision of the CIT(A) Gurgaon in the assessee's own case for the A.Y. 2012-13 and his predecessor, CIT(A) Chandigarh-2 in assessee's own case for A.Y. 2013-14. Since the Ld. CIT(A) has decided this issue in favour of the assessee by following the decision of the ITAT, we do not find any reason to interfere with the findings of the Ld. CIT(A) - we dismiss this ground of appeal of the Revenue and uphold the findings of the ld. CIT(A). Addition u/s.36(1) (va) on account of employees share paid after due date - non-payment of employees contribution to welfare funds on or before the due date as per the relevant Act - HELD THAT:- The case of the assessee is directly covered by the decision of Hon'ble Punjab & Haryana High Court in the case of Commissioner of Income Tax Vs Mark Auto Industries Ltd. [2013 (1) TMI 448 - PUNJAB AND HARYANA HIGH COURT]. Since in the present case the assessee has deposited the ESI/PF before the due date of filing of the return, respectfully following the decision of Mark Auto Industries (supra) the addition made by the AO is deleted. Ground of appeal no. 2 is allowed. Addition u/s.14A r.w.r. 8D - HELD THAT:- As during the course of appellate proceedings specifically pleaded that it had made investment in the shares, which was made out of the internal accruals and not out of borrowed funds, however, no dividend was received on the said investment - findings of the ld. CIT(A) are based on the judgement in the case of CIT Vs M/s. Lakhani Marketing [2014 (7) TMI 44 - PUNJAB AND HARYANA HIGH COURT] wherein it has been held that unless and until there is receipt of exempt income during the year relevant to the assessment year under consideration, section 14A cannot be invoked. No merit in the contention of the Revenue that the ld. CIT(A) has wrongly deleted the addition - Decided in favour of assessee.
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