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TMI Blog2021 (4) TMI 408X X X X Extracts X X X X X X X X Extracts X X X X ..... : Mr.T.Vasudevan JUDGMENT M.DURAISWAMY, J. Challenging the order passed in I.TA.No.447/Mds/2012 for the assessment year 2007-08 on the file of the Income Tax Appellate Tribunal, Chennai, "B" Bench, the Revenue has filed the above appeal. 2.The above appeal was admitted on the following substantial questions of law: "1)Whether on the facts and in the circumstances of the case, the Appellate T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Income Tax, on an examination of the records of the case, found that the sub-contract payments credited was Rs. 1,45,50,000/-, whereas the sub-contract amount paid was Rs. 30,64,000/- and instead of making a disallowance of the entire sum of Rs. 1,45,50,000/- the Assessing Authority has made a disallowance of Rs. 30,64,000/- alone. The Commissioner of Income Tax held that the assessment order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come at Rs. 1,53,27,510/-. As against the order passed by the Commissioner of Income Tax, the assessee preferred an appeal before the Income Tax Appellate Tribunal. The Tribunal, after taking into consideration the case of the assessee, found that the Commissioner of Income Tax has erroneously rejected the contention of the assess with regard to the payments which were made in a manner where indiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments in excess of the mandatory limit prescribed for TDS or the assessee has credited the accounts of the sub-contractors with commensurate amounts. 5.It is pertinent to note that though the order passed by the Assessing Officer may be prejudicial to the interest of the Revenue, it cannot be termed as erroneous. In such case, the order passed by the Commissioner of Income Tax cannot be sustained ..... X X X X Extracts X X X X X X X X Extracts X X X X
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