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TMI Blog2016 (12) TMI 1785X X X X Extracts X X X X X X X X Extracts X X X X ..... f Rs. 10,11,130 made by the A.O. towards disallowance of employee's contribution to provident fund. 3. The Ld. CIT(A) erred in deleting the addition of Rs. 88,79,070 made by the A.O. towards disallowance u/s.40(a)(ia) of the Income Tax Act." 1.1. In so far as the A.Y. 2011-2012 is concerned, the Revenue raised only one ground which reads as under : "2. The Ld. CIT(A) erred in deleting the addition of Rs. 1,60,92,487 made by the A.O. towards disallowance u/s.40(a)(ia) of the Income Tax Act." 2. At the time of hearing, Ld. D.R. strongly relied upon the order passed by the A.O. whereas the Learned Counsel appearing on behalf of the assessee placed before us several case law to submit that the issues stand squarely covered in favou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITAT, Hyderabad Benches also. The Ld. D.R. could not place any decision wherein a contrary view was taken by any Coordinate Bench particularly subsequent to the decision of the Apex Court in the case of Vinay Cements Ltd., (supra). 4. Having regard to the circumstances of the case, we accept the claim of the assessee and hold that the Ld. CIT(A) having set aside the disallowance by following the decision of the Hon'ble Delhi High Court which inturn, followed the ratio laid down by the Apex Court in the case of Vinay Cements Ltd., (supra) the view taken by the Ld. CIT(A) do not call for any interference. Accordingly, ground No.2 of the Revenue (for the A.Y. 2010-2011) is dismissed. 5. Ground Nos. 3 for the A.Y. 2010-2011 and the onl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection given by the Hon'ble High Court, the matter was posted for hearing. The learned counsel appearing on behalf of the assessee placed before us the following orders of the ITAT to submit that the Hon'ble Allahabad High Court in its decision in the case of CIT V/s. Vector Shipping Services Pvt. Ltd. (357 ITR 647) has taken a view on the issue in favour of the assessee in consonance with the view taken by the ITAT Visakhapatnam Special Bench in the case of Merylin Shipping and Transport (supra), and the view taken by the Hon'ble Allahabad High Court was impliedly affirmed by the Hon'ble Supreme Court by dismissing an SLP sought by the Revenue, and thus the view taken by the ITAT Special Bench Visakhapatnam deserves to be f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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