TMI Blog2012 (8) TMI 236X X X X Extracts X X X X X X X X Extracts X X X X ..... ration. Even if no revised statement of income was filed , the claim was allowable as the deduction has been claimed on the payment of TDS . We do not find any reason to interfere with the findings of the CIT(A) - Appeal of revenue dismissed. Employees’ contribution to PF and ESIC - dis-allowance - belated payment - Held that:- If the employee’s share of contribution is paid before the due date of filing of the return u/s 139(1), then no dis-allowance can be made - Decided in favor of assessee. Following precedent year decision deduction is allowed in respect of interest paid to the parent company and depreciation on expenses under the head R & D treated as capital expenses is allowed - Decided in favor of assessee. - ITA No : 5283 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im the benefits and accordingly disallowed the claim of the assessee as per the revised computation of income following the ratio laid down by the Hon'ble Supreme Court in the case of Goetze India Ltd. (supra). 3. When the matter was taken up before the Ld. CIT(A), the Ld. CIT(A) found that in the immediately preceding assessment year i.e. A.Y. 2007- 08, the total deduction claimed by the assessee was at Rs.47,49,080/- out of which the expenses amounting to Rs.42,44,780/- were disallowed since TDS of the same was not paid within the relevant previous year and was deposited late. The Ld. CIT(A) was of the opinion that as the claim has not been made for the first time but the amount of claim already made was only revived during the course o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt year under consideration. Even by the pre amendment provision of section 40(a)(ia), the said payment was allowable in the year of payment of TDS i.e. the year under consideration. Even if no revised statement of income was filed , the claim was allowable as the deduction has been claimed on the payment of TDS . We do not find any reason to interfere with the findings of the Ld. CIT(A). 6. In the result, the appeal filed by the Revenue is dismissed. 7. Now let us take the assessee s appeal in ITA No.5354/Mum/2011. The assessee has raised three grounds. Ground no.1 is against the disallowance of employees contribution to P.F. and ESIC of Rs.30,33,422/- and Rs.82,564/- paid after the due dates under the respective Acts but before fili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich were decided by the ITAT C' Bench, Mumbai vide order dated 09.05.2012 and the Co-ordinate Bench has allowed the deduction of interest paid to the parent company. 10. We have perused the orders of the ITAT C' Bench, Mumbai as cited above and we find that on similar facts and circumstances the ITAT has allowed the claim of interest paid to the parent company Onward eServices Ltd. Respectfully, following the decision of the Tribunal ground no. 2 is allowed. 11. Grievance raised by ground no. 3 is against the disallowance of the claim of expenses under the head R D to the tune of Rs.2,30,08,887/-. This issue has also been decided in the aforementioned judgment of the ITAT C' Bench and we find that the Ld. CIT(A) has directed the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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