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TMI Blog2015 (5) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner of Income-Tax-IV, Surat dated 31/5/2011. 2. Sole ground of appeal taken by the Revenue reads as under: "1. On the facts and in the circumstances of the case and in law, the CIT(A), Surat has erred in deleting the addition of Rs. 10,66,200/- made by the AO on account of expenses not deductible due to contravention of section 40(a)(ia) of the Act." 3. Brief facts of the case are that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 40(a)(ia) brought about by Finance Act, 2010 was effective for Asstt.Year 2010-11 and not retrospective in nature. The CIT(A) observed that the issue was decided in favour of the assessee by the decisions of the ITAT relied upon by the assessee in the case of Matrix Glass & Structure Pvt. Ltd., ITA No.658 (Kol) of 2010 Bansal Parvahan (India) P.Ltd., 137 TTJ (Mum) 319 and Kanubhai Ramjibhai, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e DR. 7. We have heard DR and perused the orders of the lower authorities and material available on record. It is not in dispute that a sum Rs. 10,66,200/- was paid by the assessee to the sub-contractors on which the assessee had deducted TDS but the same was deposited to the credit of the central government before the due date of filing of return under section 139(1) of the Act. The disallowance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Calcutta High Court in the case of CIT Vs. Virgin Creations, ITA No.302/2011 judgment dated 23.11.2011 held that the amendment to section 40(a)(ia) that an addition under section 40(a)(ia) of the Act cannot be made if the payment of tax deducted at source has been made before the due date of filing of the return of income for the year under consideration. In the present case also payment of TDS h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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