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2017 (2) TMI 583 - ITAT AHMEDABAD

2017 (2) TMI 583 - ITAT AHMEDABAD - TMI - Section 40(a)(ia) disallowance - assessee’s failure in not remitting the TDS deducted as per the scheme of the Act - retrospectivity - Held that:- We find that the issue as to whether TDS deducted by an assessee and remitted before the end of the relevant previous year or paid before the due date of filing of return is no more res integra since hon’ble Calcutta high court in Virgin Creations case (2011 (11) TMI 348 - CALCUTTA HIGH COURT) has already sett .....

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54/Ahd/2014, C.O. No.172/Ahd/2014 - Dated:- 9-2-2017 - Shri S. S. Godara, Judicial Member And Shri Manish Borad, Accountant Member By Revenue : Shri K. Madhusudan, Sr. D.R. By Assessee : Shri G. M. Thakor & Shri P. M. ORDER Per S. S. Godara, Judicial Member This Revenue s appeal and assessee s cross objection thereto arise from the CIT(A)-XV, Ahmedabad s order dated 15.10.2013, passed in appeal no. CIT(A)-XV/ACIT(OSD)/Cir-9/162/2012-13, in proceedings under section 143(3) r.w.s. 147 of the I .....

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aws etc. but mainly against the disallowance u/s 40(a)(ia) of the Act and addition of ₹ 30,78,000/-. It is contended in the ground that TDS was deducted out of such payment and paid before the due date of filing of return of income hence as per judicial pronouncement as relied on by appellant, disallowance and addition u/s 40(a)(ia) of the Act are not justified. It is undisputed as admitted by A.O. also that due TDS was deducted out of payment to M/s J. J. Patel but the dispute relate to i .....

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after verification of details there is no dispute that total amount credited in the subcontractor J. J. Patel account is ₹ 65,33,133/- and TDS was deducted in the month of March 2007 and paid to govt. account in the month of April 2007. The dispute is related to crediting of an amount of ₹ 30,78,700/- out of this total ₹ 55,33,133/-. In January 2007 to Feb. 2007 on which TDS was deducted and paid late as stipulated u/s 194C read with section 200(1) of the IT. Act hence disallow .....

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be made u/s 40 (a)(ia) of the Act where IDS has been paid before the due date of filling of return of income. Hon'ble ITAT Ahmedabad 'B' Bench in its order dt. 03/01/10 in the case of Shri Kanubhai Ramjibhai Makwana v/s ITO followed the same ratio. In the case of ITO Ward 9(4) v/s Shri Sanjay Sandalal Patel ITA No. 2826/Ahd/2011 (A.Y. 08-09) vide order dt. 23/03/201, Hon'ble ITAT Ahmedabad even after considering the special bench order in the case of M/s Bhartishipyard Ltd. V/s D .....

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te the addition so made of ₹ 30,78,700/-. The appellant gets relief accordingly. All the grounds are therefore treated as allowed for statistical purpose. 3. The assessee s cross objection on the other hand challenges the validity of the impugned re-opening taken recourse to by the assessing authority and upheld in the lower appellate proceedings. 4. We have heard both the parties strongly reiterating their respective stands. We notice first of all that the assessee had duly deducted TDS u .....

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