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PJSC Stroytransgaz, Gurgaon Versus DDIT, International Taxation, Circle 2(2), New Delhi.

2015 (5) TMI 39 - ITAT DELHI

Prior period items - Disallowance of salary expenses for earlier years - TDS on salary was depoited during the current year - assessee failed to furnish a copy of challan of payment of tax deducted at source - Held that:- The case of the assessee is that the TDS challan was lost because of change in accountants. However, the assessee obtained confirmation from OLTAS, a copy of which is placed on page 12 of the paper book, which transpires that tax at source to the tune of ₹ 18,50,514/- was .....

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make it abundantly clear that the assessee did deposit tax at source amounting to ₹ 18,50,514/- after making deduction from salaries. However, the only shortcoming is about the establishment of nexus of this amount of tax with the salary of ₹ 55,47,237/- for which deduction has been claimed during the year - Matter remanded back - Decided in favour of assessee. - ITA No.5485/Del/2013 - Dated:- 25-3-2015 - SHRI R.S. SYAL AND SHRI A.T. VARKEY, JJ. For The Assessee : Shri Harpreet Singh .....

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yment of tax deducted at source amounting to ₹ 18,50,514. 3. Briefly stated, the facts of the case are that in the original round of assessment, there was disallowance, inter alia, for a sum of ₹ 55,47,237/- on the ground that the assessee did not furnish evidence in respect of payment of tax at source on the salary paid. The Tribunal remitted the matter to the AO for allowing deduction of ₹ 55.47 lac, after verification of TDS challan in respect of which tax was claimed to hav .....

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sted a query on the OLTAS Systems and obtained a confirmation of the said payment, a copy of which was placed before the ld. CIT(A) as Annexure-C. The assessee submitted before the ld. first appellate authority that the salary of ₹ 55.47 lac was suo motu disallowed in the computation of income for the assessment year 2006- 07 on account of non-deposit of tax at source. Since, the tax at source amounting to ₹ 18,50,514/- was deposited during the year, the assessee claimed that deducti .....

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