2011 (8) TMI 1092

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....e revenue has challenged the impugned order of the Ld. CIT (A)-8, Mumbai dated 17.02.2010 for the A.Y. 2006-07. Ground no.1 reads as under:- "1. On the facts and in the circumstances of the case and in law, the Ld. CIT (A) erred in deleting the addition of Rs. 1,82,77,138 on account of delayed payment of PF of employees contribution." 2. We have heard the parties. We find that the assessee has m....

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....ntribution to P.F./E.S.I.C beyond the Grace period which was relating to the month of February. The Ld. Counsel relied on the decision of the Hon'ble Supreme Court in the case of CIT v/s. Alom Extrusion Ltd., 319 ITR 306. The A.O. made the disallowance u/s. 36(1)(va) as he was of the opinion that the Employees Contribution to PF/ESIC even if made before filing of the return of income is not covere....

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....dingly allow ground no.1. 4. Ground no.2 reads as under:- "2. On the facts and in the circumstances of the case and in law, the Ld. CIT (A) erred in giving relief of Rs. 4 lacs on account of staff welfare expenditure without appreciating the fact that the auditor had himself reported that these expenditure was not covered u/s.40A(9)." 5. In the Tax Audit Report the Auditors have observed that t....

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....e, therefore, find no reason to interfere with the order of the Ld. CIT (A) and accordingly same is confirmed. 7. Ground no.3 reads as under:- "3. On the facts and in the circumstances of the case and in law, the Ld. CIT (A) erred in deleting the disallowance of Rs. 10,00,300 of bond issue expenses without appreciating the fact that it had been established during the assessment proceedings that ....