9911796707
TMI Blog2021 (4) TMI 295X X X X Extracts X X X X X X X X Extracts X X X X ..... not paid in time - late payments were not allowable expenditure u/s. 43B, the AO disallowed the same u/s. 43B - CIT(A) confirmed the same - HELD THAT:- We remit the issue back to the file of the AO with a direction to decide the same afresh as per the decision of Hon'ble Delhi High Court in the case of CIT Vs. Bharat Hotels Ltd [ 2018 (9) TMI 798 - DELHI HIGH COURT] . - ITA No. 2018/H/2018 - - - Dated:- 24-3-2021 - Satbeer Singh Godara, Member (J) And Laxmi Prasad Sahu, Member (A) For the Appellant : P. Murali Mohan Rao For the Respondents : Rohit Mujumdar ORDER Laxmi Prasad Sahu, Member (A) This assessee's appeal for AY 2012-13 is directed against the CIT(A), Hyderabad's order, dated 31/08/2018 invol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al provisions and u/s. 115JB of ₹ 69,37,799/-. Subsequently, the case was selected for scrutiny under CASS and accordingly statutory notices were issued to the assessee, against which, the assessee filed the information. 2.1. During the Scrutiny proceedings on verification of the Profit and loss account, the AO noticed that, the assessee had claimed an amount of ₹ 3,41,42,478/- as expenditure as Land development charges under the head purchase of Land/Development . He observed that in support of this expenditure claim, the assessee produced only part Bills vouchers and on verification of the same, he noticed that, most of the vouchers produced were self-made and also not in proper order for verification. Therefore, the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the purpose of business and were in direct proportion to the business needs of the company. The expenses were incurred on the wages paid to the labourers for the work done by them on the land, on the raw materials and other site expenses. He contended that the ad hoc addition made on the ground that the expenses are not fully supported by vouchers is quite unreasonable, unwarranted and deserves to be deleted. 5. The ld. CIT-DR, on the other hand relied on the orders of revenue authorities and submitted that the assessee has not submitted any details about the land purchase and no breakup of the land development expenses were submitted before the revenue authorities. He, therefore, submitted that the AO has rightly made disallowance of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of Hon'ble Delhi High Court in the case of CIT Vs. Bharat Hotels Ltd., ITA No. 271/2005, vide its order dated 6th September, 2018 wherein the Hon'ble Court has held as under: 8. Having regard to the specific provisions of the Employees' Provident Funds Act and ESI Act as well as the concerned notifications which granted a grace period of 5 days (which appears to have been late withdrawn recently on 08.01.2016), we are of the opinion that the ITAT's decision in this case was not correct. The assessee undoubtedly was entitled to claim the benefit and properly treat such amounts as having been duly deposited, which were in fact deposited within the period prescribed (i.e. 15 + 5 days in the case of EPF and 21 days + any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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