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Issues involved:
1. Addition made by Assessing Officer on account of alleged Benami concerns 2. Non-deposit of ESI and PF within time Issue 1: Addition made by Assessing Officer on account of alleged Benami concerns The appellant/department challenged the Income-tax Appellate Tribunal's order partly allowing the assessee's appeal for the assessment years 1991-92 and 1993-94. The controversy revolved around additions made by the Assessing Officer in the assessee's total income due to alleged Benami concerns. It was noted that similar additions were made for the assessment years 1989-90 and 1990-91. The CIT (Appeals) had set aside the addition for 1989-90 and deleted it for 1990-91, concluding that most companies were not Benami of the assessee. The Tribunal found that since the finding for 1990-91 had become final, there was no basis to set aside the issue for 1989-90 as requested by the Department. The order was upheld as the CIT (Appeals) decision for the earlier assessment year had already become final. Issue 2: Non-deposit of ESI and PF within time In the appeal for the assessment year 1993-94, it was argued that the ESI and PF deductions were not deposited on time, thus making the deduction unavailable to the assessee-company. Citing a Division Bench Judgment in CIT v. Modi Spg. & Wvg. Mills Co. Ltd., it was contended that if the deposits were made within the extended period, the deductions should be allowed. The appellant/Department acknowledged that the deposits were made within the extended period in this case, rendering the ground for appeal meritless. Consequently, the appeals were dismissed.
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