TMI Blog2016 (2) TMI 751X X X X Extracts X X X X X X X X Extracts X X X X ..... before this Tribunal in the case of Shri N.Palanivelu Vs. ITO, Salem reported in [2015 (10) TMI 1415 - ITAT CHENNAI ] wherein it was held that the disallowance under section 40(a)(ia) of the Act was not applicable, when there was no outstanding balance at the end of the close of the previous year. The assessee failed to bring details of outstanding expenses or schedule of sundry creditors showing whether the amount was outstanding at the end of the close of the previous year in the name of the party or outstanding expenses. The Assessing Officer was to verify the matter and examine afresh. If no amount was outstanding at the close of the previous year in respect of the expenses either as outstanding expenses or as sundry creditors, the amou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3) of the Act was completed on 31.12.2008 with certain additions. 4. After hearing both the parties, we are of the opinion that the first ground raised in the appeal pertaining to employee's contribution towards PF ESI after due date as prescribed under the Act. Similar issue came up for consideration before the Tribunal in the case of M/s.Farida Shoes Pvt. Ltd., in ITA No.2102 2103/Mds./2015 vide order dated 08.01.2016 wherein the Tribunal held as follows:- 12. We have heard both the parties and perused the material on record. This issue was considered by the Jurisdictional High Court in the case of CIT v. M/s. Industrial Security Intelligence India Pvt. Ltd. in TC(Appeal) Nos.585 586 of 2015 dated 24.7.2015 and held as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the same is confirmed. This ground of appeal of the Revenue is dismissed. Since the issue in this appeal is identical and similar to the ratio laid down by the Tribunal in the above cited case, we are inclined to dismiss the ground raised by the Revenue. 5. The second ground for consideration is with regard to deletion of disallowance made u/s.40(a)(ia) of the Act in respect of the payments of Commission, contract payments, professional charges, shipping and forwarding expenses, freight on exports, clearing and forwarding charges. 6. After hearing both the parties, we are of the opinion that similar issue came consideration before this Tribunal in the case of Shri N.Palanivelu Vs. ITO, Salem reported in [2015] 40 ITR(Trib.) 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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