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TMI Blog2018 (9) TMI 467X X X X Extracts X X X X X X X X Extracts X X X X ..... ring the facts of the case and submissions of ld. DR. 3. The assessee has raised the following grounds of appeal :- 1. For that the Learned CIT (Appeal) has failed both in law & on facts adjudicate the second and fourth grounds of appeal before him that disallowance of EPF employee's share is unlawful as it is paid before due date of filling of return as per section 43B and disallowance of creditor for want of source is bad in law. 2. For That, the learned CIT (appeals) is wrong and unlawful in ignoring the position of law that, addition of creditor for want of source of source is bad in law. 3. For that the learned CIT (Appeal) has erred both in law & fact by ignoring the position of law with respect to any addition made out o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und that the CIT(A) has not adjudicated the issue of disallowance of EPF employee's share contribution raised before him. On perusal of the assessment order page No. 2 it is observed that the assessee has deposited the EPF amount of Rs. 29, 224/- before due date of filing of the return u/s. 139(1) of the Act. Even otherwise the amount is deposited within the grace period, allowed under the EPF Act. The addition was made on the ground that the employees' contribution to PF was not deposited within the time prescribed under the P. F. Act. We find that no disallowance can be made for deduction of the same u/s. 36(1)(va) r. w. s. 2(24)(x) of the Act in view of the decision of Hon'ble Supreme Court in the case of Rajasthan State Beverages Corpor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5, 81, 000/- was received from Mr. Sasi T. by cash towards refund of unsecured loan on different dates. The AO was not satisfied with the explanation of the assessee as according to him the assessee failed to prove the genuineness of such transaction with documentary evidence. Therefore, the AO made the addition of Rs. 9, 53, 984/- u/s. 68 of the Act. On appeal to the CIT(A) and in appellate proceedings, the assessee has submitted that during the assessment proceedings supporting evidences regarding introduction of capital was furnished before the AO. The CIT(A) having considered the facts has partly allowed the appeal of the assessee. 12. Aggrieved by the order of CIT(A), the assessee has filed an appeal before the Tribunal. 13. None ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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