9911796707
TMI Blog2012 (10) TMI 440X X X X Extracts X X X X X X X X Extracts X X X X ..... he tax deducted at source on 29.5.2007 i.e. before the due date for filing return of income u/s.139(1) and especially when the Revenue have not brought to notice any contrary decision, no interfere with the findings of the CIT(A) is called for. - ITA No.3585/Del/2012 - - - Dated:- 8-10-2012 - SHRI I.C. SUDHIR, SHRI A.N. PAHUJA, JJ. Assessee by Shri Kapu Aggarwal, AR Revenue by Ms. Y.S. Kakkar, DR O R D E R A.N.Pahuja:- This appeal filed on 06.07.2012 by the assessee against an order dated 24th April, 2012 of the ld. CIT(A)-XXIII, New Delhi, raises the following grounds:- 1. The Learned Commissioner of Income Tax (Appeals)- XXIII, has erred in conforming the disallowances of Rs.2,62,394/- on account of late payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cated the issue in the following manner while upholding the disallowance in the year under consideration:- {5} On the issue of deduction of expenditure on which tax was deducted, but not deposited during the relevant previous year, the Assessing Officer has reproduced clause (a)(ia) of section 40 in the body of the order. This clause was substituted by the Finance Act, 2008, with retrospective effect from 01.04.2005, wherein it is clearly provided that no deduction shall be allowed in respect of any fee for professional or technical services, or of amounts payable to a contractor, on which tax is deductible at source, and after deduction, has not been paid, on or before the last day of the previous year. The extension of time for payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 40(a)(ia) allows deduction of the tax deducted during the previous year, but paid in the subsequent year, in computing the income of the previous year in which such tax has been paid. The appellant may make necessary application to the Assessing Officer for deduction of the taxes paid in the financial year 2007-08 in the assessment year 2008-09. 4. The assessee is now in appeal before us against the aforesaid findings of the ld. CIT(A).The ld. AR on behalf of the assessee while relying upon a decision dated 22.05.2012 in the case of Income-tax Officer Vs. Taru Leading Edge (P) Ltd. I.T.A. no.3592/D/2011 for the AY 2008-09 submitted that TDS having been deposited on 29th May, 2007 i.e. before the due date of filing the return, the ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt in their decision dated 23.11.2011 ITA no. 302 of 2011 GA 3200/2011 in CIT Vs. Virgin Creations, held that that amendment to the provisions of Sec.40(a)(ia) of the Act, by the Finance Act, 2010 as aforesaid was retrospective from 1.4.2005. The ld. AR pointed out that this is the sole decision rendered by a High Court at the moment on the issue. Following the view taken in this decision, a co-ordinate Bench in their decision dated 11.4.2012 in Piyush C. Mehta Vs. ACIT no.1321/Mum./2009 for the AY 2005-06 and the decision dated 10.5.2012 in ITA no. 717/Bang/2011for the AY 2008-09 in ACIT Vs. M.K. Gurumurthy also held that the aforesaid amendment is applicable retrospectively w.e.f 1.4.2005. 5.1 In view of the foregoing, following the vie ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
