TaxTMI 
TaxTMI 
2017 (12) TMI 1476
X X X X Extracts X X X X
X X X X Extracts X X X X
....eals) is bad in law and on facts and hence, it is submitted that the same be cancelled and be suitably modified. 2. (a) The learned Commissioner of Income Tax (Appeals)- Gandhinagar, has erred in law and on facts in confirming the action of the AO in making addition for a sum of Rs. 46,960/- being interest u/s.244A on Income Tax Refund for A.Y. 2009-10. (b) The learned Commissioner of Income Tax(Appeals)- Gandhinagar grossly erred in law and on facts of the case in confirming the impugned addition in utter disregard to the fact that as per the return of income filed for A.Y.2009-10, though the appellant has claimed Income Tax Refund, as on the date of filing the return of income for A.Y.2012-13, the appellant company has n....
X X X X Extracts X X X X
X X X X Extracts X X X X
....peals)- Gandhinagar grossly erred in law and on facts of the case in confirming the action of the AO in making disallowance/addition for a sum of Rs. 14,56,844/- on account of alleged late payment of employees' contributions of provident fund and ESIC (Rs.13,76,928/- Provident Fund + Rs. 79,916/- ESIC) by invoking Section 36(1)(va) of the I.T. Act in utter disregard to the fact that Employees' contribution to Provident Fund and ESIC had been paid before the due date for the filing of the return of income u/s.139(1) and therefore the entire amount is eligible for deduction u/s.43B of the I.T. Act. (b) The learned Commissioner of Income Tax (Appeals)- Gandhinagar grossly erred in law and on facts of the case in confirming the....
X X X X Extracts X X X X
X X X X Extracts X X X X
....) s) Essae Teraoka Private Limited (2014) 266 CTR (Kar) 246 It is therefore prayed that the impugned addition may please be deleted. 4. The appellant craves leave to add and or alter any ground at the time of hearing of appeal. 2. The brief facts of the case are that in this case, the appellant is a limited company incorporated under the Companies Act, 1956 and is engaged in the business of manufacturing of bulk drugs and pharmaceutical products and job work of I.V. Fluids. For the assessment year under consideration, the assessee company had filed its return of income on 29/09/2012 declaring total income of Rs. 1,38,04,010/-. The assessee's case was selected for scrutiny and the learned Assessing Officer issue....
X X X X Extracts X X X X
X X X X Extracts X X X X
....interest u/s.244A of the Act on refund. AO contended that interest received u/s.244A of the act is taxable under the head "income from other sources". In this case, though the refund of Rs. 46,960/- was shown in the record of Income Tax Department and during the course of assessment proceeding assessee has submitted Affidavit of Managing Director of the Company stating that the company is not aware about the details of the interest in the absence of any working thereof or statement thereof issued by the Department. The said refund was less and there were adjustment relating to earlier year for which the assessee had separately written to the Department. In our opinion, assessee has received the said information from the Assessing Officer....