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TMI Blog2015 (2) TMI 890X X X X Extracts X X X X X X X X Extracts X X X X ..... DRA POOJARI, A.M.: This appeal filed by the Revenue is directed against the order passed by the CIT(A)-V, Hyderabad dated 28/02/2013, for assessment years 2007-08. 2. The only issue involved in this appeal is pertaining to the disallowance of Rs. 65,89,810/- made u/s 40(a)(ia) of the IT Act. 3. In the assessment order, the Assessing Officer noted that there was delay in making payment of tax d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of CIT Vs. Virgin Creations, ITA No. 302 of 2011 (GA 3200/2011) dt. 23/11/2011 held that the assessee had deducted tax at source and remitted the same within the date of filing the return of income u/s 139(1) and, therefore, no disallowance can be made u/s 40(a)(ia) of the Act. He, therefore, directed the Assessing Officer to delete the addition made by the Assessing Officer u/s 40(a)( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame is to be allowed as held by the above judgements. Accordingly, we do not find any infirmity in the action of the CIT(A) in directing the Assessing Officer to delete the addition made u/s 40(a)(ia) of the Act and, therefore, the order of the CIT(A) is hereby upheld on this count. This ground raised by the Revenue in this regard is dismissed. 8. In the result, appeal of the revenue is dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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