2015 (10) TMI 1601

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.... in nature do not require any specific adjudication, hence, they are dismissed. Ground No. 7 has been raised by the assessee challenging the initiation of penalty proceedings under section 271(1)(c) of the Income-tax Act, 1961. This ground being premature at this stage of proceeding, do not require adjudication, hence, the same is dismissed. 3. In ground No. 3, the assessee has challenged the disallowance of an amount of Rs. 2,16,412, being employees' contribution of provident fund, under section 36(1)(va) of the Act. 4. Briefly the facts are, the assessee is a company deriving income from software design and development. For the assessment year under consideration, the assessee filed its return of income declaring total income of Rs.....

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....ell as other materials on record. Though it is a fact that the assessee has remitted the employees' contribution to provident fund not within the due date as prescribed under the Explanation to section 36(1)(va), however, the assessee has remitted the amount within the due date of filing of return of income under section 139(1) of the Act. Therefore, in view of the provisions of section 43B and ratio of the decisions relied upon by the learned authorised representative, the amount cannot be disallowed. Accordingly, we delete the addition made by the Assessing Officer. 8. The next issue as raised in ground No. 4 relates to restricting the depreciation on UPS at 15 per cent. 9. During the assessment proceedings, the Assessing Officer ha....

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....f various Benches of this Tribunal, internet charges and onsite expenses have to be reduced both from the export turnover and total turnover while computing deduction under section 10A of the Act. Accordingly, we direct the Assessing Officer to compute deduction under section 10A of the Act by reducing internet charges and onsite expenses both from export turnover and total turnover. 13. In the result, the assessee's appeal is allowed. I. T. A. No. 219/Hyd/2015 for the A Y 2010-11 14. Grounds Nos. 1, 2 and 8 being general in nature do not require any specific adjudication, hence, they are dismissed. Ground No. 7 has been raised by the assessee challenging the initiation of penalty proceedings under section 271(1)(c) of the Act. This ....