TMI Blog2015 (11) TMI 1211X X X X Extracts X X X X X X X X Extracts X X X X ..... tive in operation - Held that:- The Tribunal, as a matter of fact, found that a sum was not received by the assessee from the Department and that payment was made over directly to one M/s.Kranti Constructions, who are sub-contractors and who had in fact executed the work in terms of Memorandum of Understanding that was entered into by the assessee. The Tribunal also found that the Department made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TAT COCHIN]. Inasmuch as there was no necessity for the Tribunal to enter into this arena since the order of the Tribunal is erroneous to the extent of rendering the finding with regard to the retrospective aspect of the Finance Act, 2012, the issue is left open to the respective parties to canvass the matter in appropriate forum. - Decided against revenue - I.T.T.A. No. 117 of 2015 - - - Dated:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to M/s.Kranthi Constructions without deducting tax at source even though it was towards sub-contracting of work of the joint venture? 2. Whether on the facts and circumstances of the case, the Honble ITAT is correct in deleting the disallowance made u/s 40(a)(ia) of the I.T. Act and holding that the insertion of second proviso to Section 40(a)(ia) by Finance Act, 2012 with effect from 01.04.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns and the same is reflected in the returns. In other words, the Tribunal, as a matter of fact, found that these amounts paid to M/s.Kranti Constructions could not be made as forming part of the assessment of the assessee. In that view of the matter, invocation of Section 40(a)(ia) itself would not arise. This finding of fact is not challenged before us. Hence, the appeal is liable to be dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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