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2022 (9) TMI 1180 - AT - Income TaxDisallowance of delayed contribution towards PF & ESI - addition cannot be made u/s 143(1)(a) - HELD THAT:- The alleged amount was deposited before the due date of filing return of income u/s 139(1) of the Act. Therefore, in light of the decision of the Coordinate Bench of this Tribunal in the case of Lumino Industries Ltd. [2021 (11) TMI 926 - ITAT KOLKATA] - We find that this Tribunal has taken a consistent view that in such cases where there is a delay in deposit of PF & ESI as per the due dates prescribed under the relevant Acts covering PF & ESI but the assessee finally deposits the amount before the due date of filing return of income u/s 139(1) of the Act then such disallowances are uncalled for - we delete the alleged disallowance made towards contribution towards PF & ESI and allow grounds raised by the assessee. Adjustment of profit on sale of motor car - assessee being a private limited company while computing the total income firstly disallowed the depreciation calculated as per the Companies Act and then reduced the income by the depreciation as per the Income Tax Act - Profit on sale of motor car was also reduced. - HELD THAT:- On perusal of the depreciation chart find that at serial no. 11 the assessee has shown the asset generator and car under the block of 15% opening Written Down Value there is an addition in the block and the sale consideration of car is reduced and after charging depreciation closing W.D.V. - Since the assessee has reduced the sale consideration of sale of car in the block itself and the block still exists at the close of the year, no separate income was required to be shown for the profit on sale of car. Ld. D/R failed to controvert this fact and only contention made by him is that the matter has already been restored to the file of ld. CIT(A). CIT(A) ought to have examined the facts of the case and should have decided the issue but since ld. CIT(A) failed to do so,set aside the impugned order and delete the adjustment of income of profit on sale of motor car and allow ground no. 3 raised by the assessee.
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