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2018 (8) TMI 1849

sue of whether the PF and ESI contributions should be allowed as deduction when paid beyond due date specified in the respective Acts but before the due date for filing return of income is decided in favour of the assessee in the case of Ghadge Patil [2014 (10) TMI 402 - BOMBAY HIGH COURT]. CIT(A) following the said decision deleted the disallowance. In the circumstances, we do not find any infirm .....

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additional ground raised by the Revenue is rejected. - ITA NO.6042/MUM/2016 (A.Y: 2012-13) - 8-8-2018 - Shri R.C. Sharma, Accountant Member And Shri C.N. Prasad, Judicial Member Assessee by: Shri S.L. Jain Department by: Shri V. Vidhyadhar ORDER C.N. Prasad (JM) 1. This appeal is filed by the Revenue against the order of the Learned Commissioner of Income Tax (Appeals) - 12, Mumbai dated 25.07.20 .....

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Ld.CIT(A) following the decision of the Hon'ble Jurisdictional High Court in the case of Ghadge Patil [368 ITR 749] wherein it has been held that PF and ESI contributions which were paid by the assessee before the due date for filing of return are allowable as deduction. 4. Ld. Counsel for the assessee strongly supported the orders of the Ld.CIT(A) and the Ld. DR supported the orders of the A .....

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or s relatives. The assessee contended that the car was purchased by taking loan and the company repaid the loan through EMI. It is also contended that the car was used for the purpose of business and the car was purchased through the funds of the company. The asset belongs to the company and therefore the depreciation as well as the interest was rightly claimed as deduction. However, the Assessin .....

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of Mysore Minerals Ltd. v. CIT (supra) and the Hon'ble Jurisdictional High Court in the case of CIT v. Dilip Singh Sardarsingh Bagga (supra) wherein it has been held that depreciation is allowable in the hands of the company even if the vehicle is registered in the name of its Directors, allowed the claim of the assessee. Similarly, the interest paid on car loan is allowable as deduction. Thus .....

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