TMI Blog2022 (7) TMI 946X X X X Extracts X X X X X X X X Extracts X X X X ..... ave been examined by the ld. AO and detailed inquiry has been made and thus in our view Ld. PCIT erred in invoking the revisionary jurisdiction u/s. 263. Employees contribution to PF - As it is not in dispute that there is a delay in depositing the said sum of Rs.9,16,893/- before the due date prescribed under the PF Act. It is also not in dispute that alleged sum stands deposited before the due date of filing of return of income u/s. 139(1) of the Act. In view of in view of the ratio laid down by Vijay Shree Ltd [ 2011 (9) TMI 30 - CALCUTTA HIGH COURT] the said sum is an allowable expenditure for the year under consideration as it has been deposited before the due date of filing of return u/s. 139(1) of the Act and do not call for disallowance u/s.36(1)(va) r.w.s 2(24)(x) of the Act. Ld. PCIT ought to have appreciated the settled legal judicial precedence should not have restore the said issue of PF/ESI contribution issues to ld. AO for further examination when all the facts were available on record. Provisions of section 263 of the Act itself provides that ld. PCIT ought to make or cause to make such enquiry as he deems necessary before passing the impugned order. Therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of AO without giving any finding as to the error and prejudice caused to the revenue by the impugned assessment order and as such the order u/s 263 so passed is bad in law and is liable to be quashed and it may be held accordingly. 6. For that in view of the facts and in the circumstances, the Ld. Pr. ClT failed to conduct any enquiry of his own and as such the order u/s 263 so passed by the Ld. Pr. CIT is bad in law and it may be held accordingly. 7. For that in view of the facts and in the circumstances, the Ld. Pr. CIT failed to take cognizance of the fact that the sum of Rs. 1,05,24,671/- being the provision for doubtful debts (as alleged by Ld. Pr. CIT) was bad debt written off in books of account and as such the impugned amount was allowable within the meaning of sec. 36(1)(vi) read with sec. 36(1)(vii) and in view of the facts and in the circumstances the AO has rightly allowed the said sum and in view of the facts and in the circumstances the Ld. Pr. CIT's action in such respect in setting aside the order u1s 143(3) is bad in law and it may be held accordingly. 8. For that in view of the facts and in the circumstances, the Ld. Pr. CIT erred both on fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessment order dt. 19-11-1990 directing the AO to pass fresh assessment order after considering all the issues which are referred in the said show cause notice. 6. Aggrieved, the assessee is in appeal before this Tribunal. 7. Ld. Counsel for the assessee referring to paper book running from 1 to 234 pages submitted that all the issues raised in the show cause notice have been examined by the ld. AO during the assessment proceedings. It is also stated that provisions for doubtful debt of Rs. 1,05,24,671/- is actually bad debts and are an allowable expenditure and this sum has been shown as revenue in the preceding year. Secondly with regard to employees contribution of Rs. 9,16,890/- the same stands deposited before the due date of filing of return of income u/s. 139(1) of the Act and in view of ratio laid down by the Hon ble Jurisdictional High Court, Kolkata in the case of Vijay Shree Ltd, ITA No. 245 of 2011(G.A No.2607 of 2011) dt. 12.8.2015 the said sum is allowable as an expenditure for the year under consideration. . As regards the third issue of air conditioner expenditure of Rs.1,54,66,615/-, Ld. Counsel for the assessee stated by him that it is not a capital e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and lift maintenance, STP maintenance and expenses, bad debts written off etc . 12. Further, in Q No.16, the assessee was asked to furnish the details of expenses head wise where assessee has deducted the TDS thereon. We find that the assessee gave reply on 31/8/19 ( paper book pages-162-226 of the P/B) providing all the details of other expenses. Further, in response to notice dt. 04-12-2019 the assessee gave another reply on 12/12/19 ( pages 227-232 of the P.B) about details of bad debts written off of Rs.1,05,24,671/-. 13. From going through the questionnaire details of other expenses appearing in the audited P L account and various replies filed by the assessee, we find that the ld. AO has specifically carried out the enquiry regarding provisions for doubtful debts of Rs. 1,05,24,671/- and air conditioner expenses of Rs.1,54,66,615/- and specific reply has been given by the assessee. In the audited P L account the assessee has also shown bad debts written off. The ld. PCIT has mentioned provisions for doubtful debts. The assessee during the regular course of business has claimed to have shown sales in the preceding years of which some sales turned bad and the same ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
