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TMI Blog2014 (10) TMI 586X X X X Extracts X X X X X X X X Extracts X X X X ..... 2013 passed by the Income Tax Appellate Tribunal, Delhi Bench `B', New Delhi (hereinafter referred to as the "ITAT"). Counsel for the revenue submits that the amendment to Section 40(a)(ia) introduced by Finance Act, 2010, (hereinafter referred to as the "Act") with effect from 1.4.2010, is not applicable to the present case as the dispute, in hand, pertains to assessment year 2005-06. The im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ractor's payment and professional expenses corresponding to TDS paid before the due date but disallowed Rs. 1,09,48,366/- and Rs. 18,000/- in respect of contractor's payment and professional expenses made after the due date. The assessee filed an appeal before the ITAT which was allowed by holding as follows:- "2.5 We have heard both the parties and considered the material on record as we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee gets accepted." A perusal of the order passed by the ITAT reveals that while granting relief to the assessee, reliance was placed upon a ruling of the Calcutta High Court, with which we are in complete agreement and even otherwise, a judgment of the Delhi High Court in Commissioner of Income tax versus Naresh Kumar, (2014) 362 ITR 0256 has answered the question posed against the r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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