9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (1) TMI 750 - AT - Income TaxAddition made u/s 43B for late deposits of ESI and employees contribution to the PF - CIT(A) deleted the addition - Held that - CIT(A) has relied upon the amendment to proviso of section 43B through Finance Act., 2003. We also find that it is a undisputed fact the dues were deposited before the due date of filing of return of Income Tax. Therefore, the learned CIT(A) has rightly deleted the addition and we do not find any infirmity in the same - Decided against revenue Disallowance of interest paid to Sale Tax Department on account of delay of payment of tax - CIT(A) deleted the addition - Held that - We find that the assessee has paid interest on Sale Tax dues for delay in deposit of the same which is a compensatory in nature and is nowhere in the form of penalty. The learned CIT(A) has already confirmed the amount representing penalty. In view of the above, we do not see any infirmity in the order of learned CIT(A) - Decided against revenue
Issues:
1. Addition made u/s 43B for late deposits of ESI and employees' contribution to PF. 2. Addition made on account of interest paid to sales tax due to delayed payments. 3. Consideration of payments/expenses claimed u/s 37(1) of the I.T. Act, 1961. Issue 1: Addition u/s 43B for late deposits of ESI and employees' contribution to PF: The Revenue appealed against the CIT(A)'s order for the Asst. Year 2010-11, questioning the deletion of additions made u/s 43B. The CIT(A) allowed relief by stating that the contributions were deposited before the due date of filing the return of income. The amendment to section 43B through Finance Act, 2003 was crucial in determining the allowability of deductions. The jurisdictional Bench of ITAT, Amritsar's decision in a similar case was cited to support the CIT(A)'s decision. The CIT(A) correctly interpreted the law and amendments, leading to the deletion of the addition. The Tribunal upheld the CIT(A)'s decision, dismissing the Revenue's appeal. Issue 2: Addition on account of interest paid to sales tax due to delayed payments: The Revenue contested the deletion of additions by the CIT(A) concerning interest paid to the Sales Tax Department for delayed payments. The CIT(A) relied on precedents and established law to allow deductions under section 37(1) for compensatory expenditures. The interest paid was deemed compensatory for the delay in payments to the Sales Tax Department. The CIT(A) correctly distinguished between penalty and compensatory interest, confirming only the penalty amount. The Tribunal found no error in the CIT(A)'s decision and dismissed the Revenue's appeal on this issue. Issue 3: Consideration of payments/expenses claimed u/s 37(1) of the I.T. Act, 1961: The Revenue also raised concerns about the CIT(A)'s treatment of expenses claimed under section 37(1) of the I.T. Act, 1961. The CIT(A) directed the Assessing Officer to allow deductions for interest payments on Sales Tax dues that were compensatory in nature. Citing relevant case law, the CIT(A) justified the allowance of deductions for such expenses. The Tribunal found the CIT(A)'s decision in line with established law and dismissed the Revenue's appeal on this issue. In conclusion, the Tribunal upheld the CIT(A)'s order, dismissing the Revenue's appeal on all grounds related to the additions made under various sections of the Income Tax Act, 1961. The judgments and interpretations of the law provided a solid basis for the decisions, ensuring fair treatment of the tax liabilities and expenses in question.
|
