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TMI Blog2014 (1) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... wance u/s 40(a)(ia) of the Act as the appellant had deducted the TDS on 31.03.2008 and deposited the same on 10.04.2008 i.e. within time – there was no reason to see any perversity or any other valid reason to interfere with the order – Decided against Revenue. - ITA No.3837/Del/2012 - - - Dated:- 26-4-2013 - J S Reddy and Chandra Mohan Garg, JJ. For the Appellant : Shri David Z Chawganthu, ACIT-DR For the Respondents : Shri Sanjay Aggarwal Shri Satish Tandan ORDER:- PER : Chandra Mohan Garg This appeal has been preferred by the revenue against the order of Commissioner of Income Tax(A)-XXVIII, New Delhi dated 30.05.2012 in Appeal No. 112/11-12 for AY 2008-09. The only ground raised in this appeal reads as under:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ayments to sub-contractors on which TDS was deductible and should have been deposited during the same financial year in which if such payments were made or had become due. The DR further submitted that the same amount shall be disallowed as business expenditure and should be added back to the income of the assessee on account of late deposit of TDS on payment to sub-contractors. The DR supported the assessment order and submitted that the impugned order may be set aside by restoring that of the Assessing Officer. The assessee s representative submitted that the assessee had deposited deductible amount of TDS on 10.04.2008 and where the tax was deductible and was so deducted during the last month of previous year, then the liability of asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had deducted TDS on 31st March, 2008, and deposited them in the next financial year . As such, the assessee was required to show cause as to why such payments, on which TDS was deductible during the period from April, 2007 to February, 2008, and should have been deposited before the end of the same Financial year, but was deposited in the next Financial year, should not be disallowed in view of the specific provisions of section 40(a)(ia) of the Act. The AR was specifically confronted on this issue vide notesheet entry dated 15.09.2011 and then vide notesheet entry dated 12.10.2011. (Emphasis supplied by underlining) 6. For AY 2008-09, section 40(a)(ia) of the Act reads as under:- 40. Notwithstanding anything to the contrary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce under Chapter XVII-B of the Act and such tax has not been deducted or after deduction has not been paid in a case where the tax was deductible and was so deducted during the last month of the previous year on or before the due date specified in section 139(1) of the Act. Meaning thereby if TDS is deducted during the last month of the previous year, then the same should be deposited on or before the due date specified u/s 139(1) of the Act which is also a date of furnishing a return of income by the assessee. 8. In the present case, admittedly, TDS has been deducted on the last day i.e. 31.3.2008 by the assessee on the payment made to the sub-contractor and subsequently, it was deposited to the exchequer on 10th April, 2008. Therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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