TMI Blog2010 (1) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... e said payment was paid in the current assessment year – held that - when a deduction is not allowable because of the statutory provisions, it would make no difference whether the same was claimed or not by the assessee. - This section 40(a)(i) starts with a non-obstante clause which implies that section 40, overrides the provisions of Section 30 to 38 of the Act – mere passing a debit entry in the books of accounts, of these expenses would not be sufficient – deduction allowed in the year of payment - 12/2010 - - - Dated:- 15-1-2010 - MR. BADAR DURREZ AHMED and MR. SIDDHARTH MRIDUL, JJ. For the Appellant : Mr Subhash Bansal For the Respondent : Mr Salil Kapoor with Ms Swati Gupta BADAR DURREZ AHMED, J (ORAL) CM 197/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not agree with the contentions of the assessee. The Assessing Officer took the view that the amounts could have been debited in the previous years when they had allegedly become payable. Since they were not shown in the accounts in this manner, the Assessing Officer disallowed the claim of the assessee. 3. Being aggrieved by the said assessment order, the assessee preferred an appeal before the Commissioner of Income Tax (Appeals) and relied upon the provisions of Section 40 (a)(i) of the Income Tax Act, 1961 (hereinafter referred to as the said Act'). The Commissioner of Income Tax (Appeals) allowed the appeal and deleted the disallowance. The Commissioner of Income Tax (Appeals) had noted in his order that the Assessing Officer's main ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was allowable as deduction if tax had been deducted at source and the same had been deposited in the government account within the due date in the year in which such deduction had been made. 4. Being aggrieved by the said decision, the revenue preferred an appeal before the Income Tax Appellate Tribunal. The Tribunal confirmed the view taken by the Commissioner of Income Tax (Appeals). An important aspect noted by the Tribunal was that as far as the genuineness of expenditure is concerned, the admissibility of deduction was not in dispute. The only objection that had been raised by the revenue was that expenditure ought to have been claimed in the year they relate to. After considering the provisions of Section 40(a)(i) of the said Act, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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