2016 (2) TMI 751

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....andra Poojari, Accountant Member This appeal is filed by the Revenue is directed against the order of the Learned Commissioner of Income Tax(A)-IX, Chennai dated 28.03.2013 pertaining to the assessment year 2006-07. 2. The first ground for consideration is with regard to deletion of disallowance of Rs. 7,78,674/-, in respect of contribution to the employees PF & ESI u/s.43B of the Act. 3.....

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....he material on record. This issue was considered by the Jurisdictional High Court in the case of CIT v. M/s. Industrial Security & Intelligence India Pvt. Ltd. in TC(Appeal) Nos.585 & 586 of 2015 dated 24.7.2015 and held as under:- "5. We find that the Tribunal has rightly relied on the decision of the Supreme Court in the case of CIT v. Alom Extrusions Ltd. reported in 319 ITR 306, where....

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....ing the return of income. Hence, following the abovesaid decisions, we find no reason to differ with the findings of the Tribunal. Accordingly, we find no question of law much less any substantial question of law arises for consideration in these appeals. Accordingly, both the Tax Case (Appeals) stand dismissed. No costs. Consequently, M.P.No. 1 of 2015 is also dismissed." In view of the ....

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....l in the case of Shri N.Palanivelu Vs. ITO, Salem reported in [2015] 40 ITR(Trib.) 325(Chennai) wherein it was held that the disallowance under section 40(a)(ia) of the Act was not applicable, when there was no outstanding balance at the end of the close of the previous year. The assessee failed to bring details of outstanding expenses or schedule of sundry creditors showing whether the amount was....