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TMI Blog2012 (4) TMI 824X X X X Extracts X X X X X X X X Extracts X X X X ..... MUKUL Kr. SHRAWAT, JUDICIAL MEMBER : This is an appeal at the behest of the Assessee which has emanated from the order of Learned CIT(Appeals)-Gandhinagar dated 11/09/2009 passed for A.Y. 2006-07. The substantive grounds which are argued before us are ground Nos.1 & 2; reproduced below:- 1. The CIT(Appeals) erred in upholding the issue of disallowance under section 40(a)(ia) of the Act and also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e for the assessee to credit on the last day of the year. Since there was a default, as per Assessing Officer, hence by invoking the provisions of section 40(a)(ia) the job-work payment of Rs.29,22,591/- was disallowed. Even the first appellate authority has affirmed the view taken by the Assessing Officer, however, it was held that since the appellant had deducted the tax in the month of March an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the Hon'ble Calcutta High Court has held as under:- "The learned Tribunal on fact found that the assessee has deducted tax at source from the paid charges between the period April 2,2005 and April 28,2006 and the same were paid by the assessee in July and August 2006, i.e. well before the due date of filing of the return of income for the year under consideration. This factual position was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and as long as such amounts were deposited before last date of filing of the return, requirements of law would be fulfilled. It was on this basis that tribunal was of the opinion that the assessee committed no wrong and was therefore, entitled to seek deduction of Rs.32,94,149/- from the income which amount the assessee had deducted from payments of contractors and had also deposited with Revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee is hereby allowed. 4. Before we part with, it is worth to mention that there was a delay in filing of this appeal and through an Affidavit now it is explained the reason for short delay and the same was condoned by us ad the appeal was admitted for adjudication. Rest of the grounds being trifle in nature not contested, hence dismissed. 5. In the result, the appeal of the Assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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