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DCIT Versus. M/s. Reliance BroadcastNetwork Ltd.,

2015 (5) TMI 990 - ITAT MUMBAI

Disallowance of provision of expenses under section 40(a)(ia) - non deduction of tds - Held that:- The amendment made to section 40(a)(ia) of the Act vide Finance Act, 2010 which states that the due date of deposit of TDS will be the date of filing of return u/s 139(1) is applicable retrospectively and further that of the Hon'ble Calcutta High Court in the case of “CIT v. Virgin Creations” [2011 (11) TMI 348 - CALCUTTA HIGH COURT] wherein it has been held that the amendment to section 40(a)(ia) .....

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as established or not. The Ld. A.R. has fairly admitted that the entire issue requires re-examination at the end of the AO. We therefore set aside the impugned findings of the Ld. CIT(A) on this issue and restore the matter to the file of the AO for examination afresh and then to pass a speaking order in accordance with law after duly considering all the relevant contentions of the assessee on this issue.

Disallowance on account of AIR mismatch - Held that:- In the absence of any mate .....

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the assessee denies any such receipt as the burden to prove such receipts is on the AO as the assessee cannot be asked to prove the negative. - Decided in favour of assessee. - ITA No.3531/M/2013 - Dated:- 27-5-2015 - SHRI B.R. BASKARAN, ACCOUNTANT MEMBER And SHRI SANJAY GARG, JUDICIAL MEMBER For the Appellant : Shri Jitendra Sanghavi, A.R. For the Respondent : Shri hemant J. Lal, D.R. ORDER Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the Revenue against the order .....

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is immaterial for invoking provisions of Section 46(a)(ia) of the Act. 1(ii) On the facts and circumstances of the case the Ld. CIT(A) erred in deleting the addition of ₹ 4.12 crores on the ground that the amendment in section 40(a)(ia) brought w.e.f. 1.4.2010 is retrospective. 1(iii). On the facts and in the circumstances of the case and in law, the Ld CIT(A)'s erred not appreciating that the TDS was deductible on account of Provisions for Expenses made by the assessee for the curren .....

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case and in law, the Ld CIT(A)'s erred in not appreciating the fact that no reply was received to notice issued u/s.133(6) from the other party (M/s. Ram Silk) with whom the assessee has stated to have not carried out any transaction. 2. (iii) On the facts and in the circumstances of the case and in law, the Ld CIT(A)'s erred in holding that the could not provide any further details w.r.to. AIR mismatch amounting to ₹ 2,76,302/- in spite of the fact that the AO has mentioned in th .....

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the appeal is relating to the action of the Ld. CIT(A) in deleting the addition made by the Assessing Officer (hereinafter referred to as the AO) on account of disallowance of provision of expenses under section 40(a)(ia) of the Income Tax Act for non deduction of TDS. The AO disallowed the provision made for various types of expenditure amounting to ₹ 24,42,25,551/- for non deduction of TDS. 4. In appeal before the Ld. CIT(A), it was submitted by the assessee that in case of some items o .....

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gone through the record. We find that the Ld. A.O. has not examined the item wise details of the expenditure for which the provision was made by the assessee. He simply disallowed the entire expenditure for which the provision as made without examining as to whether the TDS provisions were attracted to each of the expenditure for which the provision was made or that whether the TDS was deposited in relation to some items before due date of filing of return and if the same would be allowable exp .....

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been held that the amendment to section 40(a)(ia) by the Finance Act, 2010 is to be considered as retrospective in as much as it is only toward mitigating a hardship and, thus, is to be considered as curative in nature. 6. The Ld. A.R. of the assessee has been fair enough to admit that even the Ld. CIT(A) has passed the impugned order without verification of the details submitted by the assessee. Even there is no finding that whether the liability was ascertained for which the provision was mad .....

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ii) relate to the issue of disallowance on account of AIR mismatch of ₹ 2,76,302/- The AO noticed that the AIR information showed an income of ₹ 2,76,302/- to the assessee from Ram Silk . The assessee however denied about receipt of any income from the said party. The AO issued notice under section 133(6) of the Income Tax Act to the above party calling for information/evidences from the above party. However, no reply was received from the said party. The assessee contended that in t .....

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the above party, the Ld. CIT(A), while relying upon the decision of the co-ordinate Bench of this Tribunal in case of Shri S. Ganesh vs. CIT ITA No.527/M/2010 08.12.10, deleted the addition so made by the AO. 9. Before us, the Ld. A.R. of the assessee has relied upon the another decision of the Tribunal in the case of M/s. A.F. Ferguson & Co. vs. JCIT ITA Nos.5037/M/2012 & 437/M/2013 decided on 17.10.2014 wherein the Tribunal while dealing the issue of un-reconciled amount as per the AI .....

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by the assessee in its P&L account far exceeds than the amount shown in the AIR information. Even the assessee has reconciled the major portion of the receipts. It has not been denied by the Revenue Authorities that full and complete details of the parties are not mentioned in the AIR information. The addition in this case has been made by the lower authorities solely on the basis of AIR information. In our view, the addition, made solely on the basis of AIR information, especially in the a .....

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