TMI Blog2018 (11) TMI 508X X X X Extracts X X X X X X X X Extracts X X X X ..... to EPF & ESI were not deposited within the time prescribed under the P.F.Act. - Held that:- We find that no disallowance can be made for deduction of the same u/s.36(1)(va) r.w.s.2(24)(x) of the Act in view of the decision of Hon’ble Supreme Court in the case of Rajasthan State Beverages Corporation Ltd. [2017 (7) TMI 1087 - SUPREME COURT OF INDIA]. We find in the instant case, it is not in dispute that the contribution to EPF and ESI was deposited by the assessee before due date of filing the return of income u/s.139(1) of the Act. - Decided in favour of assessee - ITA No.104/CTK/2018 - - - Dated:- 23-10-2018 - Shri N.S.Saini, AM And Shri Pavan Kumar Gadale, JM For the Assessee : None For the Revenue : Mrs. Sarita Mishra Kolh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peals) was not justified in upholding the addition in respect of EPF of ₹ 12,07,667/- in respect of Employees' contribution U/s 36(l)(va), of ESI of ₹ 28,157 /- in respect of Employees' contribution U/s 36(l)(va) and Depreciation of 6,28,754/- being claim of excess depreciation on vehicle used on hire to the particular fact and circumstance of the case. 5 The appellant craves leave to add or amend any grounds of appeal and put forth evidence and argue other grounds during the course of hearing. 6. Prayed :- That the appellant prays that the addition made in respect of EPF of ₹ 12,07,667/-, ESI of ₹ 28,157 /-and Depreciation of 6,28,754/- may kindly be deleted and the return income declared by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dismissing the appeal. 8. We have heard the submissions of ld DR and perused the material on record. There are two grounds raised by the assessee in the present appeal first being disallowance of excess depreciation on vehicle used on hire and secondly disallowance on account of late payment of EPF and ESI contribution. In respect of disallowance of excess depreciation on vehicle used on hire, the CIT(A) has dealt on the issue at para 2.2 and observed that assessee though made submissions but could not explain with reasons that the vehicle has been used for running them on hire, whereas the AO after going through the judicial decisions and also on the information submitted found that the assessee being a contractor has used the commercia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court has set the contention of the assessee to rest. Since the assessee is not involved in a business of running commercial vehicles on hire, it is not entitled to the higher rate of depreciation of 30%. Hence, the AO is fully justified to allow depreciation on commercial vehicles @15%. The disallowance of depreciation of ₹ 6,28,754/- is confirmed. We found that the assessee could not substantiate that the vehicle was used for the purpose of hire either before the AO or before the CIT(A). Therefore, we found that the CIT(A) after considering the factual aspects has confirmed the addition which we are not inclined to interfere and uphold the same. This ground of appeal of the assessee is dismissed. 9. On the second ground o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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