TMI Blog2011 (12) TMI 697X X X X Extracts X X X X X X X X Extracts X X X X ..... ent year 2006-07, under Section 260A of Income Tax Act, 1961 on two grounds : (1) Disallowance of ₹ 13,03,74,047/- under Section 43B of the Act. (2) Disallowance of ₹ 3,40,99,000/- towards contribution to the Cooperative Education Fund. 2. Regarding the first ground the Tribunal has recorded its findings in para 5 of the impugned order dated 31/5/2011, which is as under : W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i bench ?D? has allowed the issue in favour of the assessee by holding that the payments have been made before the due date for filing of return of income. The CIT(A) was justified in deleting the addition. From the tax audit report, we also find that amount of ₹ 13,03,74,047/- has been shown as paid on or before due date for furnishing return of income for the previous year u/s 139(1) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant is not able to point out on what account the order passed by the Tribunal is factually incorrect or perverse. We do not find see any reason, therefore, to entertain the present appeal on the first ground. 4. With regard to the second ground, the Tribunal has referred to Section 63 of Multi State Cooperative Society Act read with Rule 25 of Multi State Coop. Society Rules, 2002. It is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, Section 43B of the Act was applicable. It is not disputed in the present case that aforesaid payment to the cess has been made. In earlier years the payment was not disallowed on the ground that it is not an expense under Section 37 of the Act or mere application of income. On the second ground, we do not see any reason to interfere. The appeal is accordingly dismissed. - - TaxTMI - TMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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