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2017 (12) TMI 869

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..... the extent of the benefit to the revenue while completing the assessment. - Decided against revenue - ITA No. 6974/Del./2014 - - - Dated:- 31-10-2017 - Shri G. D. Agrawal President And Shri Kuldip Singh, Judicial Member Assessee By : Shri Tarandeep Singh, CA and Shri Shubham Gupta, Advocate Revenue By : Shri A.K. Yadav, Senior DR ORDER Per Kuldip Singh, Judicial Member The Appellant, Deputy Commissioner of Income-tax, Circle 19 (1), New Delhi (hereinafter referred to as the Revenue ) in by filing the present appeal sought to set aside the impugned order dated 30.09.2014 passed by the Commissioner of Income-tax (Appeals)-XVI, New Delhi qua the assessment year 2009-10 on the grounds inter alia that :- 1. On the .....

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..... . Assessee company made disallowance of ₹ 87,98,002/- as unpaid bonus inadmissible u/s 43B of the Income-tax Act, 1961 (for short the Act ) but vide revised computation, assessee added an amount of ₹ 2,14,50,610/- and reduced an amount of ₹ 6,13,047/- from the income declared in the return. However, AO disallowed the same on the ground that these disallowance result in the increase of assessee s claim of deduction u/s 10A of the Act. By filing revised computation, the assessee company also claimed provision for doubtful debts to the tune of ₹ 1,24,67,570/- and payment of employees contribution to PF after due date to the tune of ₹ 1,85,038/- which have also been disallowed by the AO on the same ground that it .....

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..... such, the ld. CIT (A0 has rightly deleted the same. 7. Assessee made suo motu disallowance on account of unpaid inadmissible bonus u/s 43B of the Act to the tune of ₹ 87,98,002/- and made claim of ₹ 1,01,701/- on account of bonus in the revised computation of income. When the AO has accepted the suo motu disallowance made by the assessee company in the revised computation of income, the suo motu claim made by the assessee company on account of bonus cannot be disallowed. AO has selectively accepted the revised computation of income to the extent of the benefit to the revenue while completing the assessment. 8. So, all these facts have been thrashed by ld. CIT (A) in granting deduction u/s 10A to the tune of ₹ 87,98, .....

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