2017 (5) TMI 1262 - AT - Income Tax

Disallowing the contribution made to the recognized Provident Fund - Held that - The contribution made by the assessee is treated as contribution made to the recognized provident fund and accordingly deduction is allowable - Decided in favour of assessee. Disallowing cash loss - Held that - There are no defects pointed out in the books of accounts and vouchers which were placed before the A.O and no addition on this account has been made in the past and also in the future years. In that view of the matter, the addition so made by the A.O is directed to be deleted - Decided in favour of assessee.

Summary

Issues:
1. Disallowance of contribution to recognized Provident Fund.
2. Disallowance of cash loss claimed.

Issue 1 - Disallowance of contribution to recognized Provident Fund:
The appeal challenged the disallowance of the contribution made to the recognized Provident Fund amounting to ?15,36,414. The Assessing Officer (A.O) disallowed the contribution as the fund's recognition was not approved by the Chief Commissioner as required by law. The appellant argued that the definition of 'recognized provident fund' under Section 2(38) of the Income-tax Act, 1961 includes funds established under the Employees Provident Fund Act, 1952, irrespective of recognition by tax authorities. The appellant cited relevant case laws to support this argument. The Tribunal analyzed the definition of 'Recognized Provident Fund' in Section 2(38) and concluded that the two conditions - recognition by tax authorities and establishment under the Employees Provident Fund Act - are independent. As the fund in question was established under the Employees Provident Fund Act, the Tribunal held that the contribution was made to a recognized provident fund. The Tribunal relied on previous decisions supporting this interpretation and allowed Ground No. 1 of the appeal.

Issue 2 - Disallowance of cash loss claimed:
The A.O observed a cash loss of ?18,28,459 claimed by the assessee during assessment proceedings. The A.O found the explanation provided unsatisfactory and disallowed the claim. The CIT(A) upheld the disallowance, stating no evidence of actual loss was presented. The appellant argued that the expenses were for the ongoing business, supported by past and future assessment orders accepting the company's returns. The Tribunal noted that the assessing officer did not find any defects in the books of accounts or vouchers submitted, and past assessments accepted the expenses. Therefore, the Tribunal concluded that the cash loss claimed was allowable and directed the addition made by the A.O to be deleted, allowing Ground No. 2 of the appeal.

In conclusion, the Tribunal allowed the appeal, ruling in favor of the assessee on both issues. The order was pronounced on 27.04.2017.