TMI Blog2000 (12) TMI 875X X X X Extracts X X X X X X X X Extracts X X X X ..... ground that the Commissioner of Income-tax (Appeals) erred in deleting the disallowance of Rs. 5,93,770 under section 43B and addition of Rs. 5,93,768 under section 2(24)(x) read with section 36(1)(va) in the computation of its income. During the course of hearing, the learned Departmental Representative has contended that the assessee-company is carrying on business of cultivation, processing, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent of the company was empowered to grant provident fund advance and settle provident fund dues of the employees on retirement. It was further brought to our notice by the learned Authorised Representative that with a view to making advances, settling dues on retirement, etc., payments were authorised out of periodical collection and when a lump sum amount is accumulated, the manager/superintend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd authority for any advance or settlement of their claims should not applied in the instant case. We have gone through the record and heard the rival contentions. It has been observed that sections 43B and 36(1)(va) do not apply in the assessee s case in view of the standing order of the Provident Fund Control Officer, Assam, who has authorised the managers/superintendents of the tea estates ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provident fund collection, the disallowance under section 43B of Rs. 5,93,770 and addition of the said amount of Rs. 5,93,770 under section 36(1)(va) are not tenable in law. We, therefore, find that there is no infirmity in the order of the Commissioner of Income-tax (Appeals) which is hereby sustained. In the result, the appeal of the Department is dismissed. - - TaxTMI - TMITax - Income Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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