TaxTMI 
TaxTMI 
2016 (8) TMI 455
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....ss on account of fire from Rs. 20,81,443/- to Rs. 10,40,722/- & thereby gave relief of Rs. 10,40,722/-on account of non-excisable goods claimed to have been destroyed by but without any supporting evidence of its valuation. 2. The Ld. Commissioner of Income-Tax (Appeals)-XIV, Ahmedabad has erred in law and on facts in deleting the disallowance of Rs. 70,29,821/- made u/s. 80IA of the Act. 3. The Ld. Commissioner of Income-Tax (Appeals)-XIV, Ahmedabad has erred in law and on facts in deleting the addition of Rs. 2,05,491/- made on account of late payment of employees contribution to PF/ESI. 4. The Ld. Commissioner of Income-Tax (Appeals)-XIV, Ahmedabad has erred in law and on facts in deleting the addition of Rs. 41,343/- made on accou....
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.... of claim with the insurance company. As desired by your good self, we enclose herewith the following. (Page No. 1 to 14) a) Fire Report b) Police Report c) Forensic Laboratory Report d) News Paper cutting of Divya Bhaskar dated 10.11.2009." 5. The A.O. found the aforementioned reply not complete. The A.O. was of the opinion that the assessee has not furnished any evidence to justify the claim of quantum of loss on account of fire. 6. The assessee was further asked to explain, assessee filed a detailed reply which reads as under:- "Loss on account of Fire on 09.11.2009 Our client encloses herewith copy of fire claim made to United Insurance Co. Ltd. on estimated basis of Rs. 20260000/-. Thereafter the company has assessed abou....
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.... of nonexcisable goods due to fire and confirmed the additions in respect of balance 50% of the disallowed amount. 11. Aggrieved by this, the revenue is before us. 12. The ld. D.R. cold not point out any factual error in the findings of the ld. CIT(A), ld. counsel for the assessee reiterated what has been stated before the lower authorities. 13. We have given a thoughtful consideration to the orders of the authorities below. We have also gone through the factual matrix as demonstrated before the lower authorities. The undisputed fact is that the assessee was having both excisable and non-excisable goods. It is also not in dispute that both categories of goods were gutted in fire. We find that the A.O. was carried away with the quantifica....
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....venue in assessee's own case in ITA No. 2290/Ahd/2012 wherein we have held that the ratio laid down by the Hon'ble Madras High Court in the case of Velayuddhaswamy Spinning Mills Pvt. Ltd (supra) squarely apply on the facts of the case. Respectfully following our own decision, we confirm the findings of the ld. CIT(A) and dismiss ground no. 2. 18. On further probe, the A.O. found that the assessee has not disputed Employees' Contribution to Provident Fund, ESI on or before the due date. The A.O. accordingly added the amount so paid/deposited after the due date and made an addition of Rs. 2,05,491/-. 19. Before the First Appellate Authority, the assessee strongly relied upon the decision of the Hon'ble Supreme Court in the case of Alom Ext....