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TMI Blog2016 (7) TMI 192X X X X Extracts X X X X X X X X Extracts X X X X ..... Decided against revenue Belated deposit of tds - disallowance u/s 40(a)(ia) - ITAT delted the addition - Held that:- The assessee having deducted tax at source, had deposited such tax with the Revenue not by 31.03.2006, as was required, but on 31.05.2006, which was before filing of the return. In that view of the matter, the Tribunal followed the decision of the Gujarat High Court in case of Commissioner of Income Tax, Ahmedabad IV vs. Omprakash R. Chaudhary [2015 (2) TMI 150 - GUJARAT HIGH COURT ], in which, it was held that the amendment made to Section 40 (a) (ia) by the Finance Act of 2010 granting additional time for depositing the TDS upto the due date of filing of the return would apply with retrospective effect from the date of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with different figures in Tax Appeal No. 379 of 2016 and Tax Appeal No. 380 of 2016 also. However, the second question arises only in Tax Appeal No. 221 of 2016. 3. As can be seen, the first question pertains to disallowance of deduction of ₹ 62.83 lacs by the Assessing Officer concerning the assessee's claim of deduction under Section 80IB(10) of the Act. The assessee had claimed such deduction on the ground that it had developed a housing project fulfills necessary conditions of such claim. The Assessing Officer, however, noticed that there were three separate development agreements executed by the assessee and the date of building use permissions were also multiple. He was, therefore, of the opinion that the assessee had und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing from developing and constructing a housing project is with a view to boost the stock of houses for lower and middle income groups subject to fulfilling the specified conditions. The fact that the maximum size of the residential unit in a housing project situated within the city of Mumbai and Delhi is restricted to 1000 square feet clearly shows that the intention of the legislature is to make available large number of medium size residential units for the benefit of the common man. However, in the absence of defining the expression 'housing project' and in the absence of specifying the size or the number of housing projects required to be constructed on a plot of land having minimum area of one acre, even one housing project co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to take a different view. This question is, therefore, not required to be considered for admission. 9. Second question pertains to addition of ₹ 39 lacs made by the Assessing Officer under Section 40(a)(ia) of the Income Tax Act which was deleted by the Tribunal. Undisputed facts are that, the assessee having deducted tax at source, had deposited such tax with the Revenue not by 31.03.2006, as was required, but on 31.05.2006, which was before filing of the return. In that view of the matter, the Tribunal followed the decision of the Gujarat High Court in case of Commissioner of Income Tax, Ahmedabad IV vs. Omprakash R. Chaudhary in Tax Appeal No. 412 of 2013 and connected appeals dated 22.11.2013, in which, it was held that th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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