2021 (9) TMI 1496

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....he Income Tax Appellate Tribunal, "C" Bench, Bengaluru,('Tribunal' for short) dated 04.04.2014 passed in ITA Nos.1507 and 1461/Bang/2012 relating to the assessment year 2005-2006. 2. In ITA No.392/2014, the matter has been admitted to consider the following substantial questions of law: 1. Whether the Tribunal was justified on the facts and circumstances of the case the Tribunal is right in law in directing to exclude those amounts which were actually paid and did not remain payable as on the last day of the previous year while making disallowance under section 40[a][i] by relying on its own decision in the case of Ananda Markala which interalia relied on the decision of the Allahabad High Court in the case of Vectar Shipping Services Pv....

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....ble Court in the case of TATA Elxsi [reported in 349 ITR page 98] even though the said order has been challenged before Apex Court?   5. Whether the Tribunal was justified on the facts and circumstances of the case the Tribunal is right in law in allowing relief to the assessee without appreciating that the amounts are income in the hands of the assessee in terms of Section 2[24][x] read with section 36[1][va] of the Act? 6. Whether the Tribunal was justified on the facts and circumstances of the case the Tribunal is right in law in giving relief to assessee in respect of the income charged to tax in terms of Section 2[24][x] read with Section 36[1][va] of the Act on account of belated payments of employees contribution to PF amoun....