2020 (10) TMI 1322

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..... CIT(A). In the result, we dismiss Ground No. 1 of the revenue . Addition made on account of delay in deposit of employees contribution to PF ESI u/s 36 (1)(va) r.w.s. 2(24)(x) - CIT-A deleted the addition - HELD THAT:- CIT(A) applied the judgment of the Hon ble Jurisdictional High Court in the case of CIT vs. M/s. Vijay Shree Ltd.[ 2011 (9) TMI 30 - CALCUTTA HIGH COURT] and CIT vs. REI A .....

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..... which the Sales Tax incentive was given to the assessee was different from the scheme under which sales tax incentive was given to Shantinath Detergents Pvt. Ltd. On facts, he could not distinguish this case from that of the case of Shantinath Detergents Pvt. Ltd. Hence, we find no infirmity in the order of the ld. CIT(A). We uphold the same by applying the proposition of law laid down by the ITA .....

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..... in the business of manufacturing and trading of detergent and resale of soda ash. The issues that arise before us in this revenue appeal are adjudicated as below:- 3. Ground No. 1, is against the action of the ld. CIT(A) deleting the disallowance of ₹ 6,14,090/-. The Assessing Officer made this disallowance of interest paid on the ground that there was excess payment of interest to a rela .....

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..... ound of the revenue. 5. Ground No. 3, 4 5 are against the ld. CIT(A) holding that the sales tax incentive received by the assessee from the Govt. of West Bengal amounting to ₹ 1,72,23,509/-, as being capital receipt and hence no taxable. 5.1. After hearing rival contentions, we find that the assessee has made this claim for the first time before the ld. CIT(A) and the ld. CIT(A), by .....

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..... from the Bench, the ld. D/R, could not demonstrate that the scheme under which the Sales Tax incentive was given to the assessee was different from the scheme under which sales tax incentive was given to Shantinath Detergents Pvt. Ltd. On facts, he could not distinguish this case from that of the case of Shantinath Detergents Pvt. Ltd. Hence, we find no infirmity in the order of the ld. CIT(A). W .....

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