M/S. DHABRIYA AGGOLOMERATES PRIVATE LIMITED,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6, JAIPUR
What did the Tribunal hold?
The Tribunal held that EPF & ESI paid before the return filing due date cannot be disallowed, citing jurisdictional High Court precedents. For unverifiable expenses, the Tribunal deleted the disallowance for telephone expenses but restricted the disallowance to 5% for vehicle repair, office, and conveyance expenses.
What were the facts?
The assessee's appeal concerned disallowances of EPF & ESI contributions paid before the return filing due date and unverifiable expenses. The Assessing Officer (AO) disallowed EPF & ESI as it was not paid by the respective Act's due date, and made an ad-hoc disallowance on certain expenses due to cash payments and self-made vouchers.
What were the issues?
Whether disallowance of employee's contribution to EPF & ESI is permissible if paid before the due date of filing the return of income. Whether ad-hoc disallowance of expenses is justified on grounds of cash payments and self-made vouchers without establishing personal use or excessiveness.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. State Bank of Bikaner & Jaipur524 citing99 DTR 131 · 2014 · HC · Read judgment
Income Tax Appellate Tribunal, JAIPUR BENCHES, JAIPUR
Before: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 861/JP/2018
The Appellant- M/s. Dhabriya Aggolomerates P. Ltd., Jaipur.
The Respondent – The DCIT, Circle-6, Jaipur. 3. The CIT(A). 4. The CIT, 5. The DR, ITAT, Jaipur 6. Guard File (ITA No. 861/JP/2018) vkns'kkuqlkj@ By order,
सहायक पंजीकार@ Aेेपेजंदज. त्महपेजतंत
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