Shanti Prime Publication Pvt. Ltd.
Sec. 37 of Income Tax Act, 1961 – Business Expenditure – The assessee filed the appeal against the order of CIT(A) before the Tribunal on the ground that the CIT(A) is wholly unjustified and unreasonable to confirm the addition of Rs. 2,25,254/- being the provident fund amount paid via TRL as per arrangement between the assessee, a contractor under the principal TRL. Ld. and the CIT(A) failed to appreciate this simple business practice and ignoring all the evidences produced before him. ITAT opined that “there is no evidence either before authorities below or before the Tribunal to show that as per the instruction of the assessee, the TRL deducted the provident fund from the billing amount of the assessee for further depositing the same to the provident fund department/competent authority”. Therefore, ITAT while allowing the ground of the assessee, restored the issue to the file of AO for limited verification as to whether the TRL has deducted the provident fund from the bill raised by the assessee for further depositing the same to the provident fund authority/competent authority – PABITRA BANERJEE Vs. ITO  79 ITR (TRIB) 480 (ITAT-CUTTACK)