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2016 (8) TMI 220 - GUJARAT HIGH COURT

2016 (8) TMI 220 - GUJARAT HIGH COURT - TMI - Disallowance made u/s 36(1)(v)(a) - delayed employees contribution to P.F. and on account of technical know how fees - Held that:- Considering the decision of this Court in the cases of Amoli Organics (P) Ltd. (2013 (11) TMI 971 - GUJARAT HIGH COURT ) and Sayaji Industries Ltd. (supra), the questions which are raised in the present appeals are required to be answered in favour of the assessee as the facts are akin in these appeals and the said decisi .....

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ANT : MR NITIN K MEHTA, ADVOCATE FOR THE RESPONDENT : MR MANISH J SHAH, ADVOCATE ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE KS JHAVERI) 1. Being aggrieved and dissatisfied with the impugned judgment and order dated 16.07.2010 & 07.08.2009 passed by the Income Tax Appellate Tribunal, Ahmedabad Bench B) and A (hereinafter referred to as the ITAT ) in ITA No. 899/Ahd/2008 and 1875/Ahd/2009 for the assessment years 2005-06 and 2006-07, the revenue has preferred the Tax Appeals No. 2486 of 2010 a .....

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made on account of technical knowhow fees amounting to ₹ 11,50,875/- ? TAX APPEAL NO. 2577 OF 2009 Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by CIT(A) in allowing the employees contribution of P.F. and E.S.I. of ₹ 73,62,051/-? 3. So far as Tax Appeal No. 2486 of 2010 is concerned, the Assessing Officer during the course of assessment proceedings observed that the assessee had made payment of ₹ 5771811/- being employee s contribut .....

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ring the course of assessment proceedings it was observed that as per Annexure 5 to Form 3CD the payments to employee s contribution to PF and ESI were made by the assessee after due dates and that for the purpose of computing the due dates the assessee had availed the benefit of grace period. The Assessing Officer disallowed the same. On appeal, the CIT(A) deleted the addition. On appeal before the Tribunal by the revenue, the Tribunal dismissed the appeal and confirmed the findings of CIT(A). .....

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n favour of the assessee in view of the decision of this Court in the case of Commissioner of Income Tax vs. Amoli Organics (P) Ltd. reported in (2014) 221 Taxman 116 (Guj) wherein this Court has held as under. [7] At the outset it is required to be noted that as such, the assessee shall be entitled to the benefits of the amendment under section 43B amended by the Financial Act, 2003. Even with respect to the amount of provident fund deposited with the appropriate authority prior to date of fili .....

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d within the extended grace period, the assessee would be entitled to deduction under section 43 or not? [8] Considering the fact that the learned Tribunal has granted relief to the assessee with respect to the amount of provident fund which the assessee deposited with the department within extended grace period under the Provident Fund Act, it cannot be said that the learned Tribunal has committed any error in granting the reliefs, which calls for interference by this Court. Under particular Ac .....

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sessee with respect to the amount deposited with the provident fund department within the extended period / grace period. Under the circumstances, no other issues are required to be considered. No question of law muchless any substantial question of law arises in the present Appeal. 5.1 Mr. Shah further submitted that so far as question (B) of Tax Appeal No. 2486 of 2010 is concerned, the same is also covered by a decision of this Court in the case of assessee itself being Deputy Commissioner of .....

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urred for acquisition of technical know-how. Deduction on such expenditure was available even before the introduction of section 35AB of the Act and such deduction cannot be curtailed or limited by applying section 35AB. In that view of the matter, taking such an expenditure out of section 37(1) of the Act, would not arise. 6. Mr. Nitin Mehta, learned advocate on behalf of the Department relied upon a decision of this Court in the case of Commissioner of Income Tax II vs. Gujarat State Road Tran .....

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