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2011 (3) TMI 240 - HC - Income TaxAddition - Scrutiny - The assessee had claimed interest expenditure relating to the period 1.4.2004 to 31.3.2006 during the period ending 31.3.2006 - Held that:- In view of the provisions of the Act, which mandated that where payment of specified items of expenditure are exigible to deduction to tax at source and where such tax has not been deducted, then the assessee is not entitled to the claim of deduction in respect of such expenditure on which TDS has not been deducted and paid within the previous year. - The proviso to the said sub section mandates that in case of payments of TDS in subsequent year's then the claim of the assessee is to be allowed in the year when the tax deducted has been paid in the account of the treasury - Claim of expenditure allowed. Regarding deduction on account late payments of employees contribution of ESI & PF - Held that: - In view of decision of Supreme Court in Commissioner of Income-Tax Vs. Alom Extrusions Ltd. (2009 -TMI - 35073 - SUPREME COURT) the issue decided against the revenue.
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