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of <h1>Tribunal Remands Employee Contribution Delay Issue, Deletes Disallowance u/s 80 JJAA for Lack of Statutory Basis.</h1> <h3>Neptune Holidays Pvt. Ltd. Versus ITO, Ward-8 (2), Kolkata</h3> Neptune Holidays Pvt. Ltd. Versus ITO, Ward-8 (2), Kolkata - TMI Issues involved:The judgment deals with the following Issues:1. Disallowance of addition made by the Assessing Officer at CPC on account of delay in deposit of employees' contribution to P.F. and ESI while processing the return of income under section 143(1) of the Income Tax Act.2. Disallowance of deduction claimed under section 80 JJAA by the Assessing Officer at CPC as the return of income was filed beyond the due date.Issue 1: Disallowance of addition for delay in deposit of employees' contribution to P.F. and ESI:The appellant contested the disallowance of Rs. 11,76,344 made by the Assessing Officer at CPC, arguing that there was no delay in depositing the employees' contribution to P.F. and ESI. The appellant claimed that the accountant's error in mentioning the dates led to the disallowance. The Tribunal directed the matter to be sent back to the Assessing Officer to verify if the deposits were made within the due dates specified by the relevant statutes.Issue 2: Disallowance of deduction claimed under section 80 JJAA:The appellant challenged the disallowance of a deduction of Rs. 8,39,005 claimed under section 80 JJAA by the Assessing Officer at CPC. The appellant argued that for the assessment year in question, there was no provision for such disallowance under section 143(1) of the Act. Citing a Tribunal decision, the appellant contended that deductions under Chapter VI-A could not be disallowed solely based on the late filing of returns. The Tribunal, following the precedent, ordered the deletion of the disallowance made by the Assessing Officer in this regard.Conclusion:The Tribunal ruled in favor of the appellant on both issues. The disallowance of the addition for delay in depositing employees' contribution to P.F. and ESI was set aside for verification by the Assessing Officer. Additionally, the disallowance of the deduction claimed under section 80 JJAA was ordered to be deleted, as there was no provision for such disallowance under section 143(1) for the relevant assessment year. Consequently, the appeal of the appellant was treated as allowed for statistical purposes.
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