2013 (7) TMI 965

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..... peal by the assessee is directed against the order of ld. CIT(A)-II, Agra dated 14.02.2013 for the assessment year 2009-10, challenging the disallowance of interest of ₹ 18,02,893/- u/s. 40(a)(ia) of the IT Act. 2. The AO made addition of ₹ 18,02,893/- u/s. 40(a)(ia) for non-deduction of TDS on interest paid to Tata Capital Ltd. of ₹ 16,94,743/- and to Tata Motor Finance Ltd. .....

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..... deducted on the expenditure payable at the end of the year and not on the expenditure which has already been paid. The ld. CIT(A), however, found that the assessee has admitted that tax has not been deducted which was due. Further, the decision of ITAT Special Bench above is no longer applicable as the operation of the decision has been stayed by the Hon ble High Court. Therefore, the addition wa .....

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..... in favour of the assessee. Since the decision of Special Bench above has admittedly been stayed by the Hon ble High Court, therefore, the same cannot be applied in any form in favour of the assessee as on today. The appeal of the assessee has, thus, no merit and is accordingly dismissed. 4. In the result, the appeal of the assessee is dismissed. Order pronounced in the open court. - - T .....

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