TMI Blog2021 (9) TMI 236X X X X Extracts X X X X X X X X Extracts X X X X ..... towards the Employees Provident Fund - Addition on the ground that it has paid beyond the due dates prescribed u/s. 2(24)(x) r.w.s. 36(1)(va) - CIT-A deleted the addition - HELD THAT:- It is not disputed that the impugned amounts were paid/deposited before the due date of filing of the return. See GHATGE PATIL TRANSPORTS LTD. [ 2014 (10) TMI 402 - BOMBAY HIGH COURT] - Ld. DR could not controvert that the issues are could not covered in favour of the assessee. Accordingly, we uphold the order of Ld.CIT(A). - I.T.A. No.1010/Mum/2020 I.T.A. No.1011/Mum/2020 - - - Dated:- 2-9-2021 - Shri Shamim Yahya (AM) And Shri Ravish Sood (JM) Assessee by : Shri Nishith Khatri Department by : Ms. Shreekala Pardeshi ORDER Per Sham ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... then it must have claimed exemption u/s 10(34) of the Act. In view of these facts, the Ld. AO invoked the provision of Sec 14A r.w.Rule 8D and worked out a disallowance of ₹ 6,29,08,698/- under Rule 8D(3)(ii) and ₹ 28,67,500/- under Rule 8D(2)(iii). 5. Upon assessee s appeal Ld.CIT(A) accepted the asssessee s submissions that since no exempt income has been erred on disallowance u/s. 14A is permissible. In this regard, he referred to the decision of Hon ble Delhi High Court in the case of Cheminvest Ltd. vs CIT 378 ITR 33 and Hon ble Gujarat High Court in CIT vs. Corrtech Energy P.Ltd. 372 ITR 97. 6. Against the above order, the revenue has filed appeal before ITAT. Upon heard both the counsels and perused the records, we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade by the assessee before the due date filing of the return, no disallowance can be made. The Ld.CIT(A) referred to Hon ble Bombay High Court decision in the case of CIT v. Ghatge Patil Transports Ltd. 368 ITR 749 wherein Hon ble High Court has held that Section 43B is applicable to both employers and employees contribution. Hence, the Tribunal was right in holding that payments thereof are subject to benefits of section 43B. Ld.CIT(A) in this regard also referred to the earlier Ld.CIT(A) s order in assessee s own case for AY 2014-15 where the issue was similarly allowed. Ld.CIT(A) further referred to several Tribunal decisions in this regard. He concluded as under:- During the year under consideration, there is neither any factual cha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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