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2015 (9) TMI 743 - ITAT AHMEDABAD

2015 (9) TMI 743 - ITAT AHMEDABAD - TMI - Disallowance of Employees’ contribution to PF paid beyond due date - CIT(A) deleted the addition - contention of the assessee is that the payments were made in advance and there was no delay in depositing the employees’ contribution to PF - Held that:- Tthe matter needs verification at the end of the AO. The ld.counsel for the assessee has placed on record a chart. The ld.counsel for the assessee has no objection if the matter is restored back to the fil .....

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115JB as directed by CIT(A) - Held that:- CIT(A) has referred the case of Bharat Earth Movers [2000 (8) TMI 4 - SUPREME Court] and certain decisions of the Tribunal and then came to the conclusion that the provision for gratuity was made on acturial valuation; hence, it was not an unascertained liability. In our opinion, there was no fallacy in the said verdict of learned CIT(A) because the assessee has demonstrated that the provision for gratuity was made on the basis of specific calculation an .....

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.T.A.No.898/Ahd/2012 - Dated:- 21-8-2015 - SHRI PRAMOD KUMAR AND SHRI KUL BHARAT, JJ. For The Appellant : Shri A.K.Khandelwal CIT-DR For The Respondent : Shri J.P. Shah, AR ORDER PER SHRI KUL BHARAT, JUDICIAL MEMBER : Both these appeals by the Revenue are directed against separate orders of the Ld. Commissioner of Income Tax(Appeals)-I, Baroda [ CIT(A) in short] dated 08/02/2012 & 03/02/2012 pertaining to Assessment Years (AYs) 2004-05 & 2007-08 respectively. Both the appeals were heard .....

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he legislative intend, which is penal in nature, so far as the provisions of sec.36(1)(va) are concerned, the employees contribution is allowable only if the same is paid within due dates under the Provident Fund Act. 2. The appellant craves leave to add to amend or alter the above grounds as may be deemed necessary. Relief claimed in Appeal The order of the CIT(Appeals) on the above issue may be set aside and that of the Assessing Officer be restored. 3. Briefly stated facts are that the case o .....

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of the ld. CIT(A), the Revenue is now in appeal before us. 3. Respective representatives of the parties were heard at length. During the course of hearing, it was observed that the contention of the assessee was accepted by the ld. CIT(A) that the contribution was made within time. 4. We have heard the rival submissions, perused the material available on record and gone through the orders of the authorities below. The AO made addition on the basis that employees contribution to PF was belatedly .....

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(Col.No.9) at each month end during the year is in negative, due to which it could not be said that there was any belated payment of employee s contribution to Provident Fund. In view of this, addition of ₹ 119,62,01,051/- is deleted. 4.1. During the course of hearing, ld.Sr.DR stated that the matter needs verification at the end of the AO. The ld.counsel for the assessee has placed on record a chart. The ld.counsel for the assessee has no objection if the matter is restored back to the f .....

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he Revenue s appeal is allowed for statistical purposes. 5. Ground No.2 is general in nature require no independent adjudication. 6. As a result, Revenue s appeal in ITA No.897/Ahd/2012 for AY 2004-05 is partly allowed for statistical purposes. 7. Now, we take up the Revenue s appeal in ITA No.898/Ahd/2012 for AY 2007-08, wherein following grounds have been raised:- 1. On the facts and in the circumstances of the case and in law, the ld. CIT(Appeals) erred in directing the Assessing Officer to e .....

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on for gratuity of ₹ 29,55,144/- into the book profit u/s.115JB of the Act. Against the said assessment order, assessee preferred an appeal before the ld. CIT(A), who after considering the submissions of the assessee allowed the appeal by following the decision of his predecessor passed for AY 2006-07. Aggrieved by the order of the ld. CIT(A), the Revenue is now in appeal before us. 7.2. The ld.Sr.DR supported the order of the AO and submitted that the provisions for gratuity is not ascert .....

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nd that the ld. CIT(A) has decided this issue by observing as under:- I have considered the matter. Since Ground No.12 relating to enhancement of book profits u/.115JB on account of provision for gratuity remained to be adjudicated upon in appellate order dated 24.2.2010, appellate order needs to be rectified u/s.154 by adjudicating upon this ground of appeal, which is covered by my learned predecessor CIT(A)-I, Baroda s decision on identical issue in appellant s own case for AY 2006-07. Followi .....

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