2025 (2) TMI 1508

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....s of drugs and pharmaceuticals filed return of income for AY 2017-18 declaring total income of Rs. 1,42,00,000/-. The case was selected for scrutiny, notices were issued and after going over the facts of the case as well as hearing the assessee's representative the AO has added an amount of Rs. 2,68,887/- which was disallowed u/s. 36(1)(va) read with Section 2(24)(x) as it was deposited beyond the due date. The AO has further added Rs. 2,54,37,984/- as it was disallowed in terms of Section 40(a)(ia) of the Act. The AO has further added Rs. 12,22,349/- which was disallowed on account of non-deduction of tax and further added Rs. 18,07,384/- as the assessee failed to make TDS on the expenses amounting to Rs. 60,24,614/- and computed total inc....

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....oyer before the due date of furnishing the income tax return, the same will be allowable as deduction in computing Business income of the appellant. So for other grounds are concerned his submission is that the Ld. CIT(A) has erred in confirming the disallowance of Rs. 2,54,37,984/- ignoring the fact that the assessee has paid remuneration to its director Shri Swapan Das, Mrs. Sudipa Das and Mrs. Maya Das calculated by way of commission on its sale. It is nothing less but Salary or remuneration paid by the assessee to its director who have rendered full time service. The Ld. Counsel further submitted that the name of the directors appearing in the Articles of Association are the first directors of the company. He has further been submitted ....

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....received from the employee's contribution towards PF & ESI beyond the due date. A.O. has given a chart of payment of contribution and their due date, which is as follows: Sl No. Nature of fund Sum received from employees (In rs.) Due date of payment Actual amount paid (In Rs.) Actual date of payment to the concerned authorities 1. Provident Fund 114021/- 15.07.2016 114021/- 16.07.2016 2. Provident Fund 118536/- 15.10.2016 118536/- 27.10.2016 3. ESI 36330/- 21.10.2016 36330/- 26.10.2016 Total: Rs. 2,68,887/- Going over the order and judgment passed by the Apex court, we are not inclined to interfere in the order passed by the Ld. CIT(A) on this issue. The order pas....