The ITAT held that the adjustment relating to employees'...

The ITAT held that the adjustment relating to employees' contributions amounting to Rs. 6.69 lakhs was unjustified since the assessee had not claimed deduction under section 80C in earlier years, thereby negating the applicability of Rule 9 of Part A of the Fourth Schedule. Consequently, the addition on this account was deleted. However, withdrawals from the EPF account, including interest on employee contributions, were taxable as the assessee did not satisfy the five-year qualifying period. Items already offered to tax in the return were accepted, and the adjustment relating to the taxable withdrawal was upheld. Thus, the tribunal allowed deletion of the addition concerning unclaimed 80C deductions but confirmed taxability of EPF withdrawals and related interest.

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