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2018 (12) TMI 275 - AT - Income TaxAddition on account of disallowance u/s 14A - Held that:- Since there was no exempt income earned by the assessee, therefore, the disallowance was not warranted at all. We also noted that this contention of the assessee is correct as the Hon'ble Delhi High Court in the case of Cheminvest Ltd. vs. CIT [2015 (9) TMI 238 - DELHI HIGH COURT] and Hon'ble Allahabad High Court in the case of CIT vs. Shivam Motors (P.) Ltd. [2014 (5) TMI 592 - ALLAHABAD HIGH COURT] has made similar findings and has held that in the absence of tax free income earned by the assessee, disallowance u/s 14A cannot be made. Addition u/s 36(1)(va) for delay in deposit of employees contribution to PF /ESIC - Held that:- We find that before the due date of filing of income tax return, the assessee had duly deposited the dues and in the case of Sagun Foundry Private Limited vs. CIT [2016 (12) TMI 1479 - ALLAHABAD HIGH COURT] has held that where such deposits are made before the due date of filing of income tax return, no disallowance u/s 36(1)(va) are required to be made. - Decided in favour of assessee.
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