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2014 (1) TMI 1879 - AT - Income TaxDelayed payment of employees contribution to PF ESI - violation of section 2(24)(x) read with section 36(I)(va) - CIT-A deleted the addition - HELD THAT - As it is noticed that the assessee had made the payments in respect of the employees contribution to PF and ESI before the due date of filing the return as is apparent from Tax Audit Report we are of the view that the issue is squarely covered by the decision of M/S. ALOM EXTRUSIONS LIMITED 2009 (11) TMI 27 - SUPREME COURT Consequently the finding of the ld. CIT(A) on this issue stands confirmed. Disallowance u/s 14A - HELD THAT - As it is noticed that the issue of disallowance under Rule 8D has been consistently being held by the Coordinate Bench of this Tribunal at 1% of the dividend income for the Assessment years before A.Yr. 2008-09, we are of the view that the finding of ld. CIT(A) on this issue is on a right footing and does not call for any interference. Allowance of deduction u/s 80-IA(4) - HELD THAT - As it is noticed that the issue is squarely covered by the decision of the Coordinate Bench of this Tribunal in the case of assessee s sister concern 2013 (6) TMI 813 - ITAT KOLKATA as also on account of the fact that it is noticed that assessee has been paying VAT on the turn over in respect of various projects. The projects which have been undertaken by the assessee in West Bengal and Bihar are also such projects which are assessable under the relevant states VAT Laws In the circumstances we are of the view that the assessee is entitled to the benefit of deduction u;/s 80IA(4) as claimed. In the circumstances the AO is directed to grant the assessee benefit of deduction u/s 80IA of the Act as claimed.
Issues Involved:
1. Delayed payment of employees' contribution to PF & ESI. 2. Disallowance under Rule 8D of the I.T. Rule. 3. Eligibility for deduction under section 80-IA(4) of the Income Tax Act, 1961. Detailed Analysis: Issue 1: Delayed Payment of Employees' Contribution to PF & ESI Facts and Circumstances: The Revenue challenged the deletion of an addition amounting to Rs. 16,45,220/- due to delayed payment of employees' contribution to PF & ESI. The Assessing Officer (AO) had disallowed this amount citing a violation of section 2(24)(x) read with section 36(1)(va) of the Income Tax Act. Arguments: The Departmental Representative (DR) argued that the AO's disallowance was justified. The Assessee's Representative (AR) countered that the contributions were made before the due date for filing the return, referencing the Supreme Court decision in the case of Alom Extrusions. Judgment: The Tribunal considered the rival submissions and noted that the payments were made before the due date for filing the return. Citing the Supreme Court's decision in Alom Extrusions, the Tribunal upheld the CIT(A)'s deletion of the disallowance. Conclusion: The Tribunal confirmed the CIT(A)'s decision, stating that the issue was covered by the Supreme Court's ruling, and dismissed the Revenue's appeal on this ground. Issue 2: Disallowance under Rule 8D Facts and Circumstances: The Revenue appealed against the CIT(A)'s decision to delete an addition calculated at 0.5% of average investment under Rule 8D, which the AO had disallowed. Arguments: The DR supported the AO's disallowance, while the AR argued that for the assessment year 2007-08, Rule 8D was not applicable, and the Tribunal had consistently upheld disallowance at 1% of dividend income for years before 2008-09. Judgment: The Tribunal noted that the issue of disallowance under Rule 8D had been consistently held at 1% of dividend income by the Coordinate Bench for assessment years before 2008-09. Therefore, the Tribunal upheld the CIT(A)'s decision. Conclusion: The Tribunal found the CIT(A)'s decision to be on a right footing and dismissed the Revenue's appeal on this ground. Issue 3: Eligibility for Deduction under Section 80-IA(4) Facts and Circumstances: The assessee appealed against the CIT(A)'s decision disallowing a deduction of Rs. 7,44,64,162/- under section 80-IA(4), on the grounds that the assessee was not a 'developer' but merely executing a works contract. Arguments: The AR argued that the assessee was engaged in developing infrastructure facilities and not merely executing works contracts. The AR supported this with VAT returns and project details, asserting that the projects were development projects and not works contracts. The DR argued that the Finance Act, 2007's explanation to section 80-IA(13) should be applied retrospectively, disqualifying the assessee from the deduction. Judgment: The Tribunal referred to its previous decisions and those of other benches, concluding that the assessee was engaged in developing infrastructure facilities and not merely executing works contracts. The Tribunal noted that the assessee's activities fell within the exclusion provided in section 194C and were thus eligible for deduction under section 80-IA(4). Conclusion: The Tribunal directed the AO to grant the assessee the benefit of deduction under section 80-IA(4), allowing the assessee's appeal. Final Outcome: - The Revenue's appeal was dismissed. - The Assessee's appeal was allowed. Order Pronounced: The order was pronounced in court on 17.01.2014.
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