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TMI Blog2015 (4) TMI 616X X X X Extracts X X X X X X X X Extracts X X X X ..... le of Judicial Precedence demands that the view favourable to the assessee must be adopted, as held by the Hon’ble Supreme Court in the case of CIT vs. Vegeta ble Products Ltd., [1973 (1) TMI 1 - SUPREME Court]. Following the fundamental rule declared by the Hon’ble Supreme Court, we have to follow the judgment of the Hon’ble Allahabad High Court, which is in favour of the assessee. Accordingly, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Income-tax (Appeals)-I - at Madurai, dated 21-8-2012 and arise out of the assessment completed under section 143(3) of the Income-tax Ac t, 1961. 2. In the present case, the Assessing Officer has disallowed the claim of certain expenditure made by the assessee under section 40(a)(I a) on the ground that tax has not been deducted at source and paid to the credit of Government of India. But, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conducive to the decision of the Special Bench. The very same view has been upheld by the Hon ble Allahabad High Court in the case of CIT vs. M/s. Vector Shipping Services(P ) Ltd. The Hon ble Allahabad High Court, through their judgment dated 9-7-2013 in ITA No.122 of 2013, has held that the decision of the Special Bench of the Tribunal in the case of Merilyn Shipping and Transports vs. Addl. CI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted by the Hon ble Calcutta High - - ITA2076/2012 CO 155/2013 4 Court in the case of CIT vs. Md. Jakir Hossain Mondal, through their judgment delivered on 4th April, 2013 in ITA No.31 of 2013. The Hon ble Gujarat High Court in the case of CIT vs. Sikandarkhan N. Tunvar, 33 Taxman.com.133, has also held that the disallowance under section 40(a)(I a) does not distinguish between amounts paid an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owance under section 40(a)(i a) applies only to those amounts payable and not to those amounts paid . Accordingly, we uphold the order of the Commissioner of Income- tax(Appeals) in the present case. The appeal filed by the Revenue is liable to be dismissed. 6. The cross objection filed by the assessee is rejected as not pressed. It is also time barred. 7. In result, the appeal filed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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