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TMI Blog2010 (10) TMI 1073X X X X Extracts X X X X X X X X Extracts X X X X ..... aghavendra Rao ORDER Per N.R.S.Ganesan, Judicial Member These four appeals of the Revenue are directed against the orders passed by the CIT(A) I, Hyderabad dated 14.8.2009 for the assessment years 2003-04 to 2006-07. As common issues are involved, we have heard these appeals together and we proceed to dispose of the same by this common order for the sake of convenience. 2. The first common i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e P. Ltd. V/s. DCIT for assessment year 2005-06 in ITA No.301 Hyd/2009, held that the assessee is entitled to depreciation on the bridge constructed by it under BOT Scheme, and accordingly directed the Assessing Officer to allow the same for all these years. 4. On careful consideration, we find that the issue of allowability of depreciation on the bridge constructed by the assessee under BOT Sche ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. The next common issue that arises for consideration only in the appeals for assessment year 2004-05 to 2007-08 is regarding disallowance made by the Assessing Officer under S.43B of the Act with regard to employees' contribution to Provident Fund, which has been deleted by the CIT(A). 6. We have heard Shri Srinivas, the learned Departmental Representative and Shri V.Raghaendra Rao, the le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turn under S.139(1) of the Act. Following this decision and also the decision of the Tribunal ( Hyderabad Bench 'B ') in the case of Elico Ltd. V/s. ITO(ITA No.90/Hyd/2004)(13 SOT 390), the CIT(A) deleted the disallowance under S.43B made by the Assessing Officer for these years. 7. On careful consideration, we find that the issue of allowability of deduction in respect of employees contr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts made by the assessee towards PF and ESI before the due date for filing of the return under S.139(1) has to be allowed as deduction. Since the impugned orders of the CIT(A) are in consonance with the decision of the Tribunal in that case, in the absence of any decision to the contrary brought to our notice by the Revenue, we find no infirmity in the impugned order of the CIT(A). We accordingly u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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