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2012 (4) TMI 690 - AT - Income TaxProvisions of sec.40(a)(ia) - all payments made during the course of the year or it would apply only to the expenditure which remain payable as at the end of relevant year - Held that:- Accordingly, by following the decision rendered by the Special bench referred Merilyn Shipping & Transports (2012 (4) TMI 290 - ITAT VISAKHAPATNAM) we hold that the provisions of sec.40(a)(ia) would apply only to the expenditure which remain payable as at the end of the relevant financial year. In the instant case, the entire expenditure has been paid during the course of the previous year and no amount remains payable as at the year end. Accordingly, we set aside the order of CIT(A) on this issue and direct the Assessing Officer to delete both the additions referred.
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