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TMI Blog2015 (12) TMI 688X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment. Therefore, we are inclined to set aside the order of the CIT(A) and remit the disputed issue to the Assessing Officer with the direction to verify whether any amount is outstanding or payable as on 31st March of previous year relevant to assessment year so as to attract the provisions of sec 40(a)(ia) of the Act. - Decided in favour of assessee for statistical purposes. - I.T.A.No.1783/Mds/2015 - - - Dated:- 6-11-2015 - SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI G. PAVAN KUMAR, JUDICIAL MEMBER For The Appellant : Shri. P. Radhakrishnan, IRS, JCIT. For The Respondent : Shri. V.S. Jayakumar, Advocate ORDER PER G. PAVAN KUMAR, JUDICIAL MEMBER: The appeal is filed by the Revenue against the order of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r has disallowed ₹ 32,96,674/- and assessed total income of ₹ 33,43,284/- and raised demand. Aggrieved by the order of the Assessing Officer, the assessee company has preferred an appeal before the Commissioner of Income Tax (Appeals)-6, Chennai. 4. In the appellate proceedings, the ld.AR has submitted that out of total expenditure of ₹ 66,19,771/- TDS was deducted for ₹ 33,23,095/- and for the balance amount the company has obtained Form 15I from the sub-contractors alongwith For No.15J and filed with the ITO, TDS Ward, Chennai. Further, the ld.AR submitted his claim with above documents and mentioned that such payments to truck owners have already been paid before 31.03.2006 and hence provisions of sec. 40(a)(ia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (a)(ia) are applicable only if the amounts are payable and outstanding as on 31st March of the financial year. In the present case, since the assessee has already paid the above mentioned transport expenses as on 31.03.2006, the same cannot be disallowed u/s.40(a)(ia) of the Act. Therefore, the Assessing Officer is directed to allow the above transport expenses of _32,96,674/- as allowable deductions. The disallowance made by the Assessing Officer stands deleted. The assessee succeeds in its appeals in this regard . 5. Aggrieved by the order of the Commissioner of Income Tax (Appeals) the Revenue has filed appeal before the Tribunal by raising grounds on various issues and supported with the judicial decisions. Ld. DR has argued t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Form 15I and Form 15J before the ITO, TDS Ward on 04.04.2006 alongwith list of truck owners name and transport charges and there is no amount outstanding payable as on 31st March 2006. The ld.CIT(A) accepted the evidences filed and relied upon the supporting decisions of Tribunal observed at page 4.1.5as under;- The words paid and payable for the purpose of section 40(a)(ia) have been deliberated by various Tribunals and High Courts. The Special Bench of ITAT (Vizag Bench) in the case of Merilyn Shipping and transporters vs. Addl.CIT 136 ITD 23 (Viz.Spl) has held that the provisions of Sec.40(a) (ia) are applicable only to the expenses that are payable and outstanding as on 31st March of the relevant financial year in which t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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