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TMI Blog2013 (10) TMI 1069X X X X Extracts X X X X X X X X Extracts X X X X ..... ity it is not an agricultural income - Decided against Revenue. Disallowance u/s 36(1)(va) - Employees contribution towards EPF - amount for the month of June,2007, August, 2007, September, 2007, December, 2007, January, 2008, February, 2008 and March, 2008 received from employees as contribution towards Provident Fund on or before due date specified under Employee's Provident Fund Act/Rule - Held that:- The deductions made from the employees' salary for employees provident fund has been paid before the due date of filing of return. It is clear from the table submitted before the Assessing Officer which has been reproduced in its order. Proof of payment was also submitted along with the return of income - CIT (A) has allowed the relief in Uttaranchal jurisdiction when such payments were made before due date of filing return of income and such relief has been finally upheld by the ITAT. Considering these facts and amendment in Act by Finance Act, 2003 w.e.f. 01.04.2004 and various case laws - Decided against Revenue. - ITA No.4817/Del/2009, ITA No.3108/Del/2010, ITA No.4702/Del/2009, ITA No.4621/Del/2011 - - - Dated:- 12-6-2013 - Shri B. C. Meena And Shri C. M. Garg,JJ. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in law in confirming the action of AO in observing and giving a finding that assessee has loaded closing tock with excise duty payable amounting to Rs.41071212.00 as against the same the opening stock has been loaded with the same amount as a balancing figure. 4. That without prejudice, in any view of the matter if addition of Rs.41071212.00 was made representing excise duty payable on closing stock simultaneous allowance of the same should have been given U/s. 43 B of the IT Act to the extent of the excise duty paid before the due date of filing the return as envisaged by the provision of sec. 43 B of the IT Act. 5. That the learned CIT(Appeals) has also erred on facts in law in confirming the action of AO in treating net cane nursery farm income amounting to Rs.154968.00 as income from business instead of agriculture income as claimed by the assessee. 6. That the appellant crave, leave to add, alter, amend or vary from the above grounds of appeal at or before the time of hearing. 4. In ITA No.3108/Del/2010 for Assessment Year 2007-08, the revenue has taken the following grounds:- " That the Ld. CIT (A) has erred in law on facts of the case in deleting the additio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s regards the valuation of closing stock of baggase the matter stands remitted in accordance with the directions in ITA No. 254/Del/09 as above. 20.1 As regards the estimate of percentage of baggase, we find that in the instances given by the assessee during the assessment proceedings there are some instances of lower yield also as compared with that of assessee, which the AO has ignored. The submission of the assessee during the preceding years that certain portion of preceding March month were also taken into account in the concerned year have not been considered by the authorities below. AO has also not given any finding on the assessee's contention that production of baggase and its consumption into the boiler is a continuous process and it is not practically possible to maintain any stock record in this regard. AO has not addressed this also. Under the circumstances, in our opinion, it will be appropriate to remit this issue to the files of the AO. Accordingly, this issue is remitted to the files of AO. Needless to add that the assessee should be granted adequate opportunity of being heard. Considering pleadings of both the sides and facts of the case, we find it appropria ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .6 is general in nature and does not require any adjudication, hence, dismissed. 18. In ITA No.4621/Del/2011 for Assessment Year 2008-09 filed by the assessee, the only issue involved in this appeal is against the confirmation of action of Assessing Officer in making the addition of Rs.55,31,272/- u/s 2(24)(x) read with section (36(1)(va) of the Act. 19. The Assessing Officer made a disallowance u/s 36(1)(va) by holding as under :- 3.1 Disallowance u/s 36(1)(va):- The assessee has enclosed Annexure D with the Audit report. In the said Annexure details of funds mentioned u/s 2(24)(x) (Employees contribution towards EPF) and nature of payment to the concerned authorities u/s 36(1)(va) were given. The detail of EPF was found to be given in Tabular Form as under:- Month Amount Employees Due date of Payment Actual date of Payment Amount deposited April, 07 795157 20.05.2007 16.05.2007 795157 May, 07 441659 20.06.2007 12.06.2007 441650 June, 07 363604 20.07.2007 16.08.2007 363604 July, 07 399133 20.08.2007 14.08.2007 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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