9911796707
TMI Blog2013 (12) TMI 525X X X X Extracts X X X X X X X X Extracts X X X X ..... e order passed by Ld. CIT(A)-13, Mumbai 02/09/2010 for assessment year 2006-07. The grounds of appeal read as under: "On the facts and in the circumstances of the case: 1. The learned Commissioner of Income Tax (Appeals) erred in directing the learned Assessing Officer to disallow u/s. 14A of the Income Tax Act, 1961 amount calculated in the manner specified in the appellate order. 2. The learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs.7,06,882/- made by the learned Assessing Officer in respect of employees contribution towards Provident Fund and Employee' State Insurance Corporation paid to the concerned authorities within the grace period. 5. The learned Commissioner of Income Tax (Appeals) erred in not considering the ground regarding disallowance u/s.36(1)(va) of the Income Tax Act, 1961 in respect of employees contri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d a copy of the said decision on our record and copy was also given to Ld. DR. While deciding the issue regarding disallowance under section 14A of the Act the observations of the Tribunal in the said decision are as under: "2. Ground No.1 is with reference to application of provisions of Section 14A r.w.rule 8D. Consequent to the decision of the HonbIe Bombay High Court in the case of Godrej Boy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer, this ground becomes academic in nature and accordingly dismissed." 3. The issue raised in Ground No.4 to 5 was decided with the following observations. "5. Ground No.4 pertains to disallowance of Rs.4,26,016/- towards employees contribution paid within the grace period. The CIT (A) while confirming the disallowance however, did not allow the amount paid within the grace period. Since t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are allowed for statistical purposes as the matter is restored back to the file of AO and Ground No.4 and 5, since it has not been disputed that disallowance is only in respect of payment made within grace period, respectfully following the aforementioned decision of Co- ordinate Bench in the case of assessee itself, we allow these grounds. 7. It has already been mentioned that Ground No.6 was no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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