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2010 (3) TMI 234

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..... at: (1) regarding deduction of contribution towards PF, decision of apex court in the matter of CIT v. Alom Extrusions Ltd., (2009 -TMI - 35073 - SUPREME COURT) to be followed – and accordingly decided in favor of assessee – (2) question whether expenditure is of capital expenditure or revenue expenditure is necessarily a question of fact. There are various ingredients which constitute the conclus .....

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..... e Ld. ITAT was right in law in confirming the order of the Ld.CIT(A) in deleting the addition of Rs.13,01,730/- made by the Assessing Officer on account of late deposit of employees' contribution to PF disregarding the fact that the payments were made beyond the due dates and were, therefore, not allowable u/s 36(1)(va) and were to be treated as income u/s 2(24)(x) of the Income Tax Act, 1961, in .....

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..... ing the order of the Ld. CIT(A) in deleting the addition of Rs.1,22,964/- made by the Assessing Officer on account of expenditure incurred in connection with load extension (P E) and purchase of distribution panel (R M) even though the benefits flowing from extension of load and replacement of old panel were of enduring nature, therefore, the same were capitalised?" Learned counsel for the reven .....

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..... herefore, has been regarded by the Assessing Officer as revenue expenditure by CIT (A). Accordingly, disallowance of Rs.1,22,964/- has been deleted by CIT(A). On further appeal, the aforesaid view has been upheld in para 6 of the order of the Tribunal. Referring to the purchases of distribution panel on 7.10.2002 and incurring of expenditure on extension of load, the Tribunal has held that no asse .....

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