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TMI Blog2014 (1) TMI 1797X X X X Extracts X X X X X X X X Extracts X X X X ..... said light, in the present case assessee has deposited the TDS on or before the due date of filing of return of income prescribed u/s 139(1) of the Act and therefore, the Assessing Officer was not justified in disallowing the corresponding expenditure u/s 40(a)(ia) of the Act. In this manner, we deem it fit and proper to affirm the order of the CIT(A) - Decided against revenue. - ITA No. 2561/PN/2012 - - - Dated:- 16-1-2014 - G. S. Pannu (Accountant Member) And R. S. Padvekar (Judicial Member) For the Department : S. P. Walimbe For the Assessee : Sunil Ganoo ORDER G. S. Pannu (Accountant Member) This appeal by the Revenue is directed against an order of the Commissioner of Income Tax (Appeals)-II, Pune date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Hon ble Calcutta High Court in the case of CIT vs. Virgin Creations in ITA No.302 of 2011 GA 3200 of 2011 dated 23.11.2011. Against the aforesaid order of the CIT(A), Revenue is in appeal before us. 4. Before us, the learned Departmental Representative has reiterated the stand of the Assessing Officer which we have already noted in the earlier paragraph and is not being repeated for the sake of brevity. 5. On the other hand, learned Representative for the respondentassessee pointed out that the Pune Bench of the Tribunal has followed the judgment of the Hon ble Calcutta High Court in the case of Virgin Creations (supra) even subsequently in the case of ACIT, Cir. 9, Pune vs. H.A. Developers in ITA No.373/PN/2009 dated 27.04.2012 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsidered in the said light, in the present case assessee has deposited the TDS on or before the due date of filing of return of income prescribed u/s 139(1) of the Act and therefore, the Assessing Officer was not justified in disallowing the corresponding expenditure u/s 40(a)(ia) of the Act. In this manner, we deem it fit and proper to affirm the order of the CIT(A), which has been rendered following the judgment of the Hon ble Calcutta High Court in the case of Virgin Creations (supra), and no contrary decision of any other High Court has been brought to our notice. Thus, the order of the CIT(A) is hereby affirmed. 7. In the result, appeal of the Revenue is dismissed. Order pronounced in the open Court on 16th January, 2014. - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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