Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (2) TMI 1636 - AT - Income TaxAddition for depositing the employee’s contribution to PF & ESI beyond the prescribed time limit - Held that:- If Employee’s contribution towards PF, if paid after the due date under the respective Acts but before filing of return of income u/s 139(1), cannot be disallowed u/s 43B or u/s 36(l)(va). The ESI & PF were deposited within the Financial year and hence deduction could not be denied in view of decisions of various courts, ratio of which have held that payment of ESI and PF before the due date of filing of return of income is an allowable deduction. CIT(A) also held that where Provident Fund and Employees State Insurance Contribution were paid by the assessee before filing of the return and proof of payment was submitted before the AO, the amounts were deductible as deduction. CIT(A) relied on the decision in the case of CIT Vs Alom Extrusions Ltd. [2009 (11) TMI 27 - SUPREME COURT] and CIT Vs Aimil Ltd. & ors. (2009 (12) TMI 38 - DELHI HIGH COURT) deleted the addition. - Decided against revenue. Disallowance of consultancy charges - CIT-A deleted the addition by considering the additional evidence without providing opportunity to the Assessing Officer - Held that:- Since the additional evidence has been entertained by the ld. CIT(A) without providing adequate and effective opportunity of being heard to AO, therefore, in the interest of justice and equity, we restore the issue back to the file of the Assessing Officer to be decided de novo.
|