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TMI Blog2014 (7) TMI 1276X X X X Extracts X X X X X X X X Extracts X X X X ..... t, FCA, learned AR represented on behalf of the assessee. 3. In the revenue's appeal, the revenue has raised the following grounds of appeal:- 1) For that in the facts and circumstances of the case, ld. CIT(A) erred in deleting the addition u/s. 40(a)(ia) on account of expenditure on provision for commission and transportation for a sum of Rs. 46,00,000/- on which the TDS was made in subsequent previous year. 2) For that in the facts and circumstances of the case, ld. CIT(A) erred in deleting the addition u/s. 40(a)(ia) on account of expenditure on interest for a sum of Rs. 95,441/- on which no TDS was made. 4. At the time of hearing before us, it was the submitted by Shri A.P. Roy, learned JCIT/Sr.DR that in respect of ground no.1 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as of the view that the appellant has received Form No.15G for non deduction of tax, but the same was not submitted to the appropriate authority. It was the further submission that the order of the learned Commissioner of Income-tax (Appeals) on this issue was erroneous on the facts and the same was liable to be reversed. 5. In reply, in respect of ground no.1 of the revenue's appeal Shri V.N Purohit, FCA, the learned AR for the assessee has submitted that the TDS have been deducted and paid before the due date of filing of return u/s. 139(1) of the Act. The learned AR for the assessee drew our attention to para 3.1 of the order of the ld. CIT(A) and submitted that the tax deducted at source [TDS] had been deposited before the due date of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) on this issue was liable to be upheld. 6. We have considered the rival submissions. A perusal of para 3.4 of the assessment order shows a chart where the name of the party, nature of expenditure, amount of expenditure, date of deduction of tax at source and date of deposit of tax at source all are clearly mentioned. A perusal of the provisions of section 40(a)(ia) of the Act more specifically the first proviso thereto as relied upon by the assessee, the first proviso of section 40(a)(ia) reads as follows: Provided that where in respect of any such sum,.............................. tax has been paid. 6.1 A perusal of the proviso clearly shows that the exemption is provided subject to the condition that the tax has been deducted in any s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... la Transport (referred to supra) does not apply to the facts of the case in so far as the TDS has been made after 31-03-2009. In the circumstance, we are of the view that the finding of the learned Commissioner of Income-tax (Appeals) on this issue is erroneous and consequently, the same stands reversed and that of the AO restored. In the circumstances, ground no.1 of the revenue's appeal stands allowed. 6.2 In respect of ground no.2 of the revenue's appeal, a perusal of the assessment order more specifically para 4.1 shows that no TDS has been made u/s. 194A. Neither any Form No.15G/H was received from the said parties nor submitted the same to the concerned CIT. Even before us the assessee has not been able to produce any copy of Form No ..... X X X X Extracts X X X X X X X X Extracts X X X X
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