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2015 (12) TMI 890 - AT - Income TaxDisallowance u/s. 43B - Held that - AO has erroneously or inadvertently overlooked the accounting treatment given by the appellant, (i.e. remittance of interest entries of earlier years), which has increase the book profit of the appellant in notional manner, and ignored the reversal entire made in this regard to nullify such effect. Accordingly the claim of the appellant in this regard is found justified and the AO is directed to reduce the book profit of the appellant to the extent of ₹ 39467254/-. Consequently this ground of appeal is upheld. Since the ld. CIT(A) has given detailed account of the nature of the entries, its effect on book profits and as to how the action of the AO was not justified, therefore, no interference is called for in ld. CIT(A) s order. PF and ESI contribution of the employees - Held that - As the assessee had actually paid the PF & ESI contributions before due date of filing of the return which has not been disputed by the ld. DR at the time of hearing. - Decided in favour of the assessee. Disallowance on vehicle and telephone expenses - Held that - We have found that the assessee has paid FBT tax thereon. Besides, this issue stands decided in favour of the assessee by the Hon ble Gujarat High Court in the case of Sayaji Iron and Engg. Co.vs CIT 2001 (7) TMI 70 - GUJARAT High Court holding as the Tribunal was wrong while disallowing 1/6th of the total car expenditure and depreciation claimed by the assessee on account of the personal use of the cars which were used by the directors. We, therefore, answer the question in the negative, i.e., in favour of the assessee and against the Revenue.
Issues:
1. Reduction of book profit under section 43B of the Income Tax Act. 2. Acceptance of interest liability payment through reversal accounting entries. 3. Claim of interest deduction not made in the return of income. 4. Disallowance under section 43B for PF and ESI contributions. 5. Disallowance on vehicle/telephone expenses due to absence of personal element. Analysis: 1. Reduction of book profit under section 43B: The Revenue appealed against the order of the ld. CIT(A)-III, Jaipur regarding the reduction of book profit of the assessee by Rs. 3,94,67,254. The ld. AR contended that the accounting entries were notional and were reversals of entries made in previous years. The ld. CIT(A) supported the claim of the assessee by explaining the accounting treatment and the impact on book profits. The tribunal found that the reversal of unclaimed interest expenditure was a basic accounting adjustment and not related to section 43B. The tribunal upheld the ld. CIT(A)'s decision, dismissing the Revenue's appeal on this issue. 2. Acceptance of interest liability payment through reversal accounting entries: The issue raised was the acceptance of interest liability payment through reversal accounting entries. The tribunal agreed with the ld. CIT(A) that the accounting treatment was correct and in line with accounting principles. The tribunal found no infirmity in the ld. CIT(A)'s order and dismissed the Revenue's appeal on this issue. 3. Claim of interest deduction not made in the return of income: The tribunal examined the claim of interest deduction not made in the return of income. It was found that the appellant was not allowed the claims of interest expenditure in previous years, leading to an artificial enhancement of book profit. The tribunal upheld the claim of the appellant and directed the reduction of book profit by the unclaimed interest liability amount. 4. Disallowance under section 43B for PF and ESI contributions: Regarding the disallowance under section 43B for PF and ESI contributions, the tribunal referred to relevant judgments supporting the allowance of such payments if made before the due date of filing the return. The tribunal dismissed the Revenue's appeal on this issue based on the judgments cited. 5. Disallowance on vehicle/telephone expenses due to absence of personal element: The tribunal upheld the ld. CIT(A)'s decision on the disallowance of vehicle/telephone expenses, citing a judgment of the Hon'ble Gujarat High Court. The tribunal found in favor of the assessee, dismissing the Revenue's appeal on this ground. In conclusion, the tribunal dismissed the Revenue's appeal on all grounds, upholding the ld. CIT(A)'s order in its entirety.
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