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2015 (6) TMI 1 - ITAT HYDERABADDisallowance of expenditure u/s 14A - Held that:- For the limited purpose of verifying assessee’s claim that it has not earned/claimed any exempt income in the concerned assessment years and deciding the issue in terms with the ratio laid down by CIT Vs. Corrtech Engergy Pvt. Ltd., [2014 (3) TMI 856 - GUJARAT HIGH COURT], Quality Engineering and Software Technologies Pvt Ltd. Vs. DCIT, [2015 (1) TMI 869 - ITAT BANGALORE] and CIT Vs. Shivam Motors (P) Ltd. [2014 (5) TMI 592 - ALLAHABAD HIGH COURT], we remit the matters back to the file of AO. Assessee must be given reasonable opportunity of being heard in the matter. In view of our aforesaid direction, the grounds raised by the department challenging the relief granted by ld. CIT(A) in restricting the disallowance u/s 14A have become infructuous, hence, they are dismissed. - Decided in favour of assesse for statistical purposes. Non remittance of employees contribution to PF and ESI within the due date - Held that:- Keeping in view the proposition of law and following the decision of CIT Vs. Nipso Polyfabriks Ltd. (2012 (11) TMI 592 - HIMACHAL PRADESH HIGH COURT) we hold that employees contribution to PF & ESI remitted before the due date of filing of return u/s 139(1), will be allowable as deduction - Decided in favour of assesse.
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