2015 (12) TMI 1455

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....ertificate issued by the Tea Board for the subsidy paid to the assessee for allowance of claim of exemption u/s 10(30) of the Act. 2.1. The brief facts of the case are that the assessee is a grower and manufacturer of tea. The assessee is entitled for receipt of tea plantation subsidy from Tea Board and the same as and when received is exempted u/s 10(30) of the Act. During the assessment year under appeal, the assessee had claimed exemption u/s 10(30) of the Act in respect of subsidy received and receivable for the year under appeal. The ld. AO mentioned that only the subsidy received during the year could be granted exemption u/s 10(30) of the Act on furnishing of certificate from Tea Board in that regard. Accordingly, he allowed exempti....

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....ing the addition made in the sum of Rs. 2,07,337/- towards employees' contribution to Provident Fund (P.F.). 3.1. The brief facts of this issue is that the assessee had deducted P.F. from the salary to its employees but remitted the same beyond the due date prescribed under Provident Fund Act. Accordingly, the ld. AO held that the same is not allowable as deduction in terms of section 36(1)(va) of the Act. On first appeal, the ld. CIT(A) deleted the addition on the ground that the provident fund dues were remitted before the due date of return of income. Aggrieved, the revenue is in appeal before us on the following ground :- "2. That on the facts and circumstances of the case, Ld.CIT(A) has erred in law in directing the A.O. to allow R....

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....d that it is related to 100% Agricultural activity. The ld.AO further stated that though the decision of the Jurisdictional High Court in AFT Industries reported in 270 ITR 167 (Cal) is favourble to the assessee on this issue, but since the Special Leave Petition (SLP) is preferred by the department against that order, relief is not granted. On first appeal the ld. CIT(A) respectfully following the Jurisdictional High Court decision deleted the addition. Aggrieved, the revenue is in appeal before us on the following ground :- "3. That on the facts and circumstances of the case, Ld. CIT(A) has erred in law in deleting the addition of Rs. 16,07,788/- on account of cess on green leaf without considering the fact that expenses on account of ....