2023 (6) TMI 561

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... to PF u/s 36(1)(va) r.w.s 2(24)(x) ignoring the fact that this payment was made before the due date of filing of return and the ground no. 2 is in support of ground no. 1. At the time of hearing, the Ld. Counsel of the assessee did not press these grounds and therefore the grounds of appeal raised in the memorandum of appeal are dismissed. 3. The ld. Counsel submitted that the assessee vide letter dated 23.11.2022 has raised two additional grounds which may be admitted and adjudicated. The ld AR submitted that all the facts qua these grounds are on records and no fresh verification of facts are required at the end of AO. The ld AR therefore prayed that these may be admitted for adjudication. After hearing both the sides we find that the f....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....payment, we observe that Rs. 6,12,445/- was paid within the due date under the respective date the details whereof are reproduced as under: Details of a\c. of Assam Tea Employees Provident Fund Organisation (ATEPFO) as per section 2(24)(x), due date of payment and actual date of payment towards concerned authority under section 36(1)(va) of the Income-tax Act Name of fund Amount (Rs.) Due date of payment as prescribed by (ATEPFO) Actual date of payment   ATEPFO 1,91,481.65 10-12-2018 7-12-2018   ATEPFO 2,13,853.46 4-2-2019 18-1-2019   ATEPFO 2,07,109.71 1-4-2019 27-3-2019     6,12,444.82       The said amounts were deposited within the due date of payment prescribed by the A....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the income as computed under the Act has to be apportioned in the ratio of 60:40 between two components 60% as agricultural income and 40% as business income and then the business income is to be brought tax under the Act. The Ld. A.R therefore submitted that first the income of the assessee has to be computed after making disallowance of Rs. 19,28,127/- on account of EPF and then whatever is resultant figure of income is worked out would be subjected to split in the ratio of 60:40 and income should be assessed accordingly. In defense of his arguments the Ld. A.R relied on the decision of Hon'ble Jurisdictional High Court , Calcutta in the case of AFT Industries Ltd. vs. CIT [2004] 270 ITR 167 and also various other Tribunal decision namel....