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2016 (5) TMI 1303 - AT - Income TaxDeduction u/s. 80JJA - whether baggase/husk is not a waste but is a by-product of agri-produce processing industry which was purchased and not collected & processed or treated by the assessee, which is a pre-requisite for claiming deduction u/s.80JJA - Held that:- In view of the facts of the case and the judgment of Hon'ble High Court in the case of Commissioner of Income Tax Vs. Smt. Padma S. Bora (2012 (12) TMI 666 - BOMBAY HIGH COURT ) wherein held he assessee has collected bagasse from sugar factories after having made payment for the same. Therefore, the aforesaid requirement of collecting as provided under Section 80JJA is satisfied. It is a undisputed finding of fact that the collected bagasse has been used by the respondent-assessee to make briquettes for fuel as that indeed is the business of the respondent-assessee, thus we are of the considered view that the assessee is eligible to claim deduction u/s. 80JJA. The findings of Commissioner of Income Tax (Appeals) on issue are well reasoned and thus, no interference is called for - Decided in favour of assessee Depreciation on windmills - Held that:- In view of the documents on record it is clearly evident that the assessee had purchased windmill from NMCOML during the financial year 2007-08 we do not find any infirmity in the findings of Commissioner of Income Tax (Appeals) in accepting the claim of depreciation of the assessee. - Decided in favour of assessee Disallowance on account of Employees’ contribution to Provident Fund and ESIC and Labour Welfare Fund - assessee had made contributions in the respective funds after the due date as specified under the provisions of relevant Acts - Held that:- Although the contribution to the above funds were made after due date as specified under the relevant Acts, but before the due date of filing of return of income under the Income Tax Act. This fact has not been disputed by the Department. The Hon'ble Supreme Court of India in the case of Commissioner of Income Tax Vs. Alom Extrusions Ltd. (2009 (11) TMI 27 - SUPREME COURT ) has held that the contributions made after due date as prescribed under the Provident Fund Act but before the due date of filing of return of income, the assessee is eligible to claim deduction thereof. The Hon'ble Jurisdictional High Court in the case of Commissioner of Income Tax Vs. Ghatge Patil Transport Ltd. (2014 (10) TMI 402 - BOMBAY HIGH COURT ) while dealing with the similar issue has held that the contribution towards the employees share of provident fund etc. is allowable if deposited before the due date of filing of return of income - Decided in favour of assessee Deduction u/s. 80IA(4) on the entire sale proceeds which include sales tax incentive - Held that:- This issue needs a revisit to the file of Assessing Officer. The Assessing Officer shall reexamine the claim of assessee in respect of deduction u/s. 80IA(4) in the light of decision of Pune Bench of the Tribunal in the case of Serum International Ltd. Vs. Addl. CIT (2013 (1) TMI 688 - ITAT PUNE ). The Assessing Officer before deciding the issue afresh shall give an opportunity of hearing to the assessee, in accordance with law.
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