TMI Blog2014 (4) TMI 1045X X X X Extracts X X X X X X X X Extracts X X X X ..... us, even if upheld, will affect the powers of this Tribunal in remitting the matter to the file of the Assessing Officer. Revenue thus derives no practical advantage from raising this issue before us. - as also bearing in mind entirety of the case, we see no reasons to interfere in the matter. In any event, even on merits, the issue regarding merits of impugned additions is covered, in favour of the assessee, by an order of this bench. The technical infirmity, as pointed out in the grounds of appeal, is of no practical significance so far as impugned additions are concerned. Therefore, both the appeals filed by the Revenue are found to have no merit - Decided against Revenue. - ITA Nos.04 & 05/Agra/2014 - - - Dated:- 29-4-2014 - SHRI BH ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at of the Assessing Officer deserves to be restored. 3. That the appellant craves leave to add or alter any or more ground or grounds of appeal as may be deemed fit at the time of hearing of the appeal. 4. The aforesaid grounds and the record reveal that there are two issues which require adjudication in both these appeals - (1) disallowance under section 43B of the Income Tax Act, 1961 and (2) disallowance of depreciation. While assailing the impugned order on both the issues under consideration, the ld. Departmental Representative relied upon the findings given by the Assessing Officer. The ld. Departmental Representative further argued that the ld. CIT(A) was not justified in directing the A.O. to ascertain the amount of elect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unting period and such amount was paid before the due date of filing of the return. Such an adjustment has been approved by the ITAT, Ahmedabad Bench in the case of M/s. Madhya Gujrate Vij Company Ltd. (supra) and was held to be sufficient compliance u/s. 43B of the IT Act. It is well settled law for deduction u/s. 43B that the deduction is allowable on actual payment and when PF contributions are made before filing of the return, the same is allowable deduction. We rely upon the decision of Hon ble Delhi High Court in the case of CIT vs. P.M. Electronics Ltd., 313 ITR 161 and decision of Hon ble Supreme Court in the case of CIT vs. Vinay Cement Limited, 213 CTR 268 and CIT vs. Alom Extrusions Ltd., 319 ITR 306. In view of the above discuss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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