2013 (2) TMI 41

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.... the appellant. AJAY KUMAR MITTAL, J. 1. This order shall dispose of ITA No. 16 and 18 of 2009 as according to the learned counsel for the appellant, the issues involved in both the appeals are identical. For brevity, the facts are being extracted from ITA No. 16 of 2009. 2. This appeal has been preferred by the revenue under Section 260A of the Income Tax Act, 1961 (in short "the Act") a....

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....Ld. CIT(A) in deleting the addition of Rs.8,32,776/- made by the Assessing Officer on account of late payment of employer's contribution in terms of second proviso to section 43B read with section 36(1)(iv) in contravention of the decisions of Hon'ble Kerala High Court in the case of CIT Vs. GTN Textiles Ltd. (269-ITR-282), CIT Vs. Jai Ram and Sons (269-ITR-285), CIT Vs. Common Wealth Trust (P) Lt....

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....tated, the facts necessary for adjudication of the present appeal as narrated therein are that the assessee filed its return on 27.11.2003 declaring nil income after setting off the losses. The assessment in this case was completed vide order dated 20.3.2006 (Annexure A-1) by the Assessing Officer at a total income of Rs. 24,11,200/-. Feeling aggrieved, the assessee filed an appeal before the Comm....