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2012 (7) TMI 304 - AT - Income TaxDisallowing u/s 40(a)(ii) of the Income Tax Act - whether amount of advance made to the contractor for acquisition of its capital asset more so when the same has been adjusted within 3 months and tax has been deducted and deposited before the filing of the return is bad in law – Held that:- Assessee had deducted tax at source out of payments made to contractor which was deposited before 8.7.2008 - due date for filing return of income of the assessee was 30.09.2008 - once the tax has been deducted and deposited by the assessee before the due date of filing return of income, there is no merit in disallowing the expenditure relatable to such tax deducted at source - appeal filed by the assessee is allowed.
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