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of <h1>ITAT Pune: Loan discount not taxable income, PF contribution disallowed overturned</h1> <h3>M/s. Kalyani Forge Ltd. Versus The Asst. Commissioner of Income Tax, Circle – 11 (1), Pune</h3> M/s. Kalyani Forge Ltd. Versus The Asst. Commissioner of Income Tax, Circle – 11 (1), Pune - TMI Issues:1. Taxability of discount received on term loan as income chargeable to tax.2. Disallowance of employees' contribution to Provident Fund under section 43(B) of the Income-tax Act.Issue 1: Taxability of Discount Received on Term Loan:The appeal concerns the addition of Rs. 28,70,126 as income in the assessment year 2010-11. The assessee contended that the discount received on the term loan should be treated as a capital receipt and not taxable. The Assessing Officer disallowed the discount as it was not from the seller of fixed assets. The CIT(A) upheld the addition, stating that the discount was treated as revenue in the books. The Tribunal noted that the discount was received on a loan used for acquiring assets, making it a capital receipt. Referring to relevant case law, the Tribunal held that such capital receipts are not taxable. The appeal on this ground was allowed.Issue 2: Disallowance of Employees' Contribution to Provident Fund:The second issue involved the disallowance of Rs. 6,29,960 being employees' contribution to Provident Fund under section 43(B) of the Act. The Tribunal directed the Assessing Officer to allow this claim based on precedents set by the Hon'ble Bombay High Court in similar cases. Citing rulings in CIT Vs. Ghatge Patil Transports Ltd. and CIT Vs. Hindstan Organics Chemicals Ltd., the Tribunal allowed the claim of the assessee. Consequently, the appeal on this ground was also allowed.In conclusion, the Appellate Tribunal ITAT Pune ruled in favor of the assessee on both issues. The discount received on the term loan was deemed a capital receipt and not taxable income. Additionally, the disallowance of employees' contribution to Provident Fund was overturned based on established legal precedents.
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