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2005 (2) TMI 41 - HC - Income TaxDuring the previous year, the appellant debited royalty of Rs. 8,84,09,109 in its books of account. This consists of (i) Rs. 6,33,27,801 for which tax was deducted and paid during the previous year and (ii) Rs. 2,50,81,308 for which tax was deducted during the previous year, but was paid after the end of the previous year but within the time allowed under Chapter XVTI-B read with rule 30 of the Income-tax Rules except for an amount of Rs. 5,81,868. The Assessing Officer disallowed deduction of Rs. 2,50,81,308 u/s 40(a)(i) on the ground that the said section, tax should have been deducted and paid within the previous year - authorities had found it as a matter of fact that the payments of the tax deducted at source were made within the prescribed time. Another pertinent aspect of this case is that against the order of the Commissioner of Income-tax the assessee had preferred an appeal but the Department never came up with an appeal before the Tribunal. The scope of the appeal preferred by the assessee has no relation to the amount for which no tax has been deducted as such the scope of the appeal was itself limited which even was partly allowed. – Revenue’s appeal is dismissed as having no merit
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