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Deputy Commissioner Of Income Tax Versus M/s DHARA ENTERPRISE

2015 (5) TMI 43 - ITAT AHMEDABAD

Contravention of section 40(a)(ia) - Whether CIT(A), has erred in deleting the addition made by the AO on account of expenses not deductible - Held that:- A sum ₹ 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 of the expenditure of ₹ 10,66,200/- was made by the AO invoking the p .....

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t the amendment was retrospective in nature. - payment of TDS has been made before the due date of filing of the return under section 139(1) of the Act, and therefore, the CIT(A) was fully justified in deleting the addition made by the AO by following the decisions of the Tribunal. Hence, we confirm the order of the CIT(A) - ITA No. 2222/Ahd/2011 - Dated:- 10-4-2015 - N S Saini And Kul Bharat JJ. For the Appellant : Shri M K Singh, SR. DR For the Respondent : None ORDER Per: N S Saini: This is a .....

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respect of payment of TDS within prescribed time was not furnished by the assessee in respect of expenditure of ₹ 10,66,200/- paid to subcontractors. He, therefore, observing that TDS collected from payments made to sub-contractors was not paid within the prescribed time, disallowed deduction for the entire expenditure of ₹ 10,66,200/- by invoking the provisions of section 40(a)(ia) of the Act. 4. On appeal, the CIT(A) observed that the assessee had deducted TDS and the same was dep .....

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ied 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, 135 TTJ (Ahd) 364. No contrary decision has come to his notice. He, therefore, following the decision of the Tribunal held that the assessee was eligible for deduction in respect of expenses for which tax deducted had been deposited within the time specified for filing of return under section 139(1) of the Act. 5. The D .....

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have heard DR and perused the orders of the lower authorities and material available on record. It is not in dispute that a sum ₹ 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 of the expenditure of ₹ 10,66,200/- was made by the AO invoking the provisions of section 40(a)(ia) on .....

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