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2016 (2) TMI 752 - ITAT CHENNAI

2016 (2) TMI 752 - ITAT CHENNAI - TMI - Disallowance of prior period expenses u/s 40(a)(ia) - Held that:- When the expenditure actually paid in the assessment year under consideration, it is allowable on actual payment basis in view of the second limb of proviso to sec.40(a)(ia) of the Act. No expenditure mentioned in sections 30 to 38 of the Act are allowable unless the necessary TDS is deducted and remitted into the government account before filing of return u/s.139(1) of the Act. The provisio .....

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s to be allowed in the year in which the tax was actually paid by the assessee. - Decided in favour of assessee - ITA No. 1921/Mds/2015 - Dated:- 22-1-2016 - Chandra Poojari, AM And G. Pavan Kumar, JM For the Appellant : Shri Anurag Sahay, CIT For the Respondent : Shri R Sivaraman, Adv ORDER Per Chandra Poojari, Accountant Member This appeal by the Revenue is directed against the order of the Commissioner of Income-tax(Appeals) dated 30.3.2015. 2. The only ground raised by the Revenue in this ap .....

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the years of incurrence of these expenses, the same were not claimed as expenditure in the respective years. Based on the actual deduction/remittance of TDS, these expenses are claimed in the current year. However, since these expenses are pertaining to the earlier years, the same were shown as prior period expenses in the accounts for the purpose of clarity. 3.1 As per the provisions of sec.40(a)(ia) of the Act, no expenditure mentioned in sections 30 to 38 of the Act are allowable unless the n .....

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sions of sec.40(a)(ia), where the expenses are allowable on actual deduction and remittance of TDS. Since, the assessee has deducted and remitted the TDS on these expenses to the extent of ₹ 35,61,074/- only during the financial year 2009-10 and the same (Rs. 35,61,074/-) becomes eligible expenditure (deduction) in the present assessment year 2010-11. Accordingly, the CIT(Appeals) directed the A.O. to examine the assessee s claim of deduction and remittance of TDS on the above payments (pr .....

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the other hand, the ld. AR submitted that when the expenditure actually paid in the assessment year under consideration, it is allowable on actual payment basis in view of the second limb of proviso to sec.40(a)(ia) of the Act. No expenditure mentioned in sections 30 to 38 of the Act are allowable unless the necessary TDS is deducted and remitted into the government account before filing of return u/s.139(1) of the Act. The provisions of sec.40(a)(ia) stipulate that the expenses are allowable o .....

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ident, or amounts payable to a contractor or sub-contractor, being resident, for carrying out any work (including supply of labour for carrying out any work), on which tax is deductible at source under Chapter XVII-B and such tax has not been deducted or, after deduction, [has not been paid on or before the due date specified in sub-section (1) of section 139:]" Provided that where in respect of any such sum, tax has been deducted in any subsequent year, or has been deducted during the prev .....

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