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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 ..... f sugarcane are done through Sugarcane Societies which are recognized by the Cane Commissioner, Government of Uttarakhand. While making the assessment u/s 143(3), the Assessing Officer made following three additions :- (a) Incorrect debit of excise duty Rs.4,19,71,212/- (b) Suppressed valuation of closing Stock of bagasse Rs. 21,77,445/- (c) Agricultural income treated as Business income Rs. 1,54,968/- 2. The CIT (A) gave relief to the assessee for addition for suppressed valuation of closing stock of bagasse against which the revenue is in appeal in ITA No.4817/Del/2009 for taking the following ground :- " Ld. CIT (A) has erred in deleting the addition of Rs.21,77,445/- made by the Assessing Officer on account of suppressed valuation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the deletion of addition made on account of suppression of valuation of bagasse. 7. While pleading on behalf of the revenue, ld. DR submitted that ITAT has restored the issue to the file of the Assessing Officer while deciding ITA No.254/Del/2009 for Assessment Year 2004-05 and ITA No.561/Del/2009 for Assessment Year 2005-06 in its order dated 08.01.2010, therefore, in this year also, the issue needs to be restored to the file of the Assessing Officer for deciding de novo in view of the decision of ITAT in earlier year. The ld. AR was also not having any objection to this proposition of the ld. DR. 8. We have heard both the sides on this issue. We have also perused the decision of ITAT in ITA No.254/Del/2009 & others wherein the ITAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le of the Assessing Officer to decide de novo. The Assessing Officer shall provide adequate opportunity of being heard to the assessee. 9. In ground nos.1 to 3 in ITA No.4702/Del/2009, the issue was raised by the assessee is confirming the addition of the Assessing Officer of Rs.4,10,71,212/- as excise duty in the opening stock. 10. At the outset of the hearing, ld. AR submitted that the Assessing Officer has made an order u/s 154 of the Act in this regard. 11. After discussing both the sides, we find it appropriate to restore this issue to the file of the Assessing Officer to decide afresh in view of the order made u/s 154 of the Act. 12. Ground No.4 in ITA No.4702/Del/2009 was not pressed during the proceedings, therefore, the same is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtion is already reproduced in para 14 of this order. In view of this, the ground is allowed. 17. Ground No.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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 24)(x) of the Income Tax Act, 1961. (Addition Rs.55,31,272/-)" 20. The CIT (A) has confirmed the action of the Assessing Officer by holding as under :- "6.3 This finding has considerable persuasive value and since the appellant has deposited the employees' contribution later than the 'due date', he cannot get any benefit from Sec. 43B of the Act as this does not pertain to employees' contribution to EPF, hence the action of the ld. AO deserves to be upheld. Accordingly, this ground is hereby rejected." 21. We have heard both the sides on this issue. 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 O ..... X X X X Extracts X X X X X X X X Extracts X X X X
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