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2015 (10) TMI 794 - AT - Income TaxAddition u/s 40(a)(ia) - non deduction of TDS on sundry creditors - Held that:- We find that assessee is correct in submitting that sundry creditors of ₹ 1,21,33,00 cannot be disallowed u/s 40(a)(ia) of the Act without bringing on record that the said amount represents current year expenditure which is payable. It is clear that the said amount represented sundry creditors and did not represent expenditure related to current year. Hence the ld. CIT(A)’s order for disallowance of ₹ 1,21,33,003 is set aside. Short deduction of TDS - Held that:- Assessee has made out a case that AO has given a finding that there was short deduction of tax and he has not given a clear finding that there is no deduction of tax. If the case was of short deduction then as per the decision of the Tribunal in the case of SK Tekriwal which was approved by the Jurisdictional High Court [2012 (12) TMI 873 - CALCUTTA HIGH COURT] no disallowance u/s 40(a)(ia) of the Act can be made. Hence this issue that there was only a case of short deduction needs to be verified by the AO. Hence we remit the issue to the file of the AO to examine as to whether there was a case of short deduction or non deduction of tax Non deduction of TDS on amount paid to truck owners as hire charges - Held that:- Assessee submitted that there was some error on the part of the counsel who represented the assessee before the authorities below. In this regard the ld. Counsel of the assessee has given a chart regarding the payment of the hire charges payable. As regards serial no. 1 and 2 in the chart payment of TDS was made upto the date of filing of the return and the same has to be allowed. Hence we remit this issue to the file of the AO to verify the date of deposit of the TDS in this case and delete the disallowance if the deposit of TDS has been done upto the filing of the return. Late deposit of tds - claimed to have been deposited after 30.09.2009. - Held that:- In this regard also we agree with the submission of the ld. Counsel of the assessee and give direction that it should be allowed as per the provision of section 40(a)(ia) of the Act.
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