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The Commissioner of Income Tax-4, Mumbai Versus M/s. S. Kumars Nationwide Ltd

2015 (5) TMI 78 - BOMBAY HIGH COURT

Deduction under section 36(1)(va) - provident fund contribution made by the assessee beyond the period specified in Employees Provident Fund Scheme, 1952 - ITAT allowed the claim - Held that:-Before the Tribunal, we find that the department's representative fairly conceded that the case at hand was covered against the revenue by the decision of Marubeni India (P) Ltd. V/s. CIT ( 2006 (6) TMI 143 - ITAT DELHI-A) and Kanoi Paper & Industries Ltd. V/s. JCIT (2001 (5) TMI 139 - ITAT CALCUTTA-E) .....

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en made within the grace period of five days, we are of the view that there is no reason to interfere. In the facts of the present case, the appeals do not raise any substantial question of law - Decided in favour of assessee. - Income Tax Appeal Nos.1448, 1449, 1450 of 2013 - Dated:- 15-4-2015 - S. C. Dharmadhikari And A. K. Menon,JJ. For the Appellant : Mr Suresh Kumar For the Respondent : None ORDER P.C. 1. The common question in these three appeals in respect of assessment years 2005-06 to 2 .....

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cified in para-38 of the Employees Provident Fund Scheme, 1952, is entitled to deduction u/s.36(1)(va) of Income Tax, Act, 1961 ?" 2. The facts of the matter reveal that the revenue is aggrieved by the order of the Tribunal upholding the decision of the Commissioner of Income Tax (Appeals) while dismissing the appeals of the revenue. The assessee filed Nil income return on 30th October, 2005 and showing loss of ₹ 193,73,53,682/- under section 115JB of the Act. The assessee was primari .....

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account of delay in payment of the contribution and completed the assessment under section 143 of the Act. 3. The assessee being aggrieved by the order filed an appeal before the Commissioner of Income Tax (Appeals) who allowed the appeal vide order dated 6th October, 2009. The revenue being aggrieved by the order of the Commissioner of Income Tax (Appeals) filed appeal before the Tribunal which dismissed the appeal on 18th January, 2013 upholding the order of the Commissioner of Income Tax (Ap .....

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