Section 32, 36, 43B, of Income tax Act, 1961—In the instant case, AO made additions on account of excess depreciation @15%, addition of differential figure in respect of income received as finance commission and insurance commission as per 26AS and late payment of EPF and ESIC.

Held that— We found that the assessee could not substantiate that the vehicle was used for the purpose of hire either before the AO or before the CIT(A).
Therefore, we found that the CIT(A) after considering the factual aspects has confirmed the addition which we are not inclined to interfere and uphold the same. This ground of appeal of the assessee is dismissed.

Addition made on account of EPF and ESIC— we find that the assessee has deposited the EPF amount of 12,07,667/- and ESI amount of 28,157/- before due date of filing of the return u/s.139(1) of the Act. The addition was made on the ground that the employees’ contribution to EPF & ESI were not deposited within the time prescribed under the P.F.Act. We find that no disallowance can be made for deduction of the same u/s.36(1)(va) r.w.s.2(24)(x) of the Act in view of the decision of Hon’ble Supreme Court in the case of Rajasthan State Beverages Corporation Ltd., [2017].[DAS AND SONS INFRACON PVT. LTD. VERSUS DCIT, CIRCLE-1 (1) , BHUBANESWAR] [2018] [6] [ITCD Online][8] [ITAT CUTTACK]