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TMI Blog2017 (2) TMI 583X X X X Extracts X X X X X X X X Extracts X X X X ..... sing this tribunal’s special bench decision in Bharti Shipyard Ltd. vs. DCIT (2011 (9) TMI 258 - ITAT MUMBAI ). DR fails to dispute this legal position. We thus find no reason to interfere with the CIT(A)’s findings deleting Section 40(a)(ia) disallowance in question. The Revenue’s sole substantive ground as well as its main appeal fails. - ITA No. 54/Ahd/2014, C.O. No.172/Ahd/2014 - - - Dated:- 9-2-2017 - Shri S. S. Godara, Judicial Member And Shri Manish Borad, Accountant Member By Revenue : Shri K. Madhusudan, Sr. D.R. By Assessee : Shri G. M. Thakor Shri P. M. ORDER Per S. S. Godara, Judicial Member This Revenue s appeal and assessee s cross objection thereto arise from the CIT(A)-XV, Ahmedabad s order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act, hence there remains no justification for making disallowance and addition. The A.O. in the assessment order mentioned that after verification of details there is no dispute that total amount credited in the subcontractor J. J. Patel account is ₹ 65,33,133/- and TDS was deducted in the month of March 2007 and paid to govt. account in the month of April 2007. The dispute is related to crediting of an amount of ₹ 30,78,700/- out of this total ₹ 55,33,133/-. In January 2007 to Feb. 2007 on which TDS was deducted and paid late as stipulated u/s 194C read with section 200(1) of the IT. Act hence disallowable u/s 40 (a)(ia) of the Act. The A.O.'s observation is not disputed with existing provision. But the legal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore treated as allowed for statistical purpose. 3. The assessee s cross objection on the other hand challenges the validity of the impugned re-opening taken recourse to by the assessing authority and upheld in the lower appellate proceedings. 4. We have heard both the parties strongly reiterating their respective stands. We notice first of all that the assessee had duly deducted TDS upon the impugned contractual payments and paid/remitted the same in government account on 09.04.2007. The Revenue s case is that the Assessing Officer had rightly invoked Section 40(a)(ia) disallowance in these facts and circumstances. We find that the issue as to whether TDS deducted by an assessee and remitted before the end of the relevant pre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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