CIT vs. BNB CONSTRUCTIONS PVT LTD

IN THE HIGH COURT OF DELHI AT NEW DELHI . . . ITA 1184/2011 . . . CIT ..... Appellant . Through Mr. Abhishekh Maratha, Sr. Standing Counsel. . . . versus . . . BNB CONSTRUCTIONS PVT LTD ..... Respondent . Through . . . CORAM: . HON'BLE MR. JUSTICE SANJIV KHANNA . HON'BLE MR. JUSTICE R.V.EASWAR . . . O R D E R . 01.11.2011 . . . This appeal under Section 260A of the Income Tax Act, 1961 . (Act, for short) filed by the Revenue is directed against the order dated 25th February, 2011 passed by the Income Tax Appellate Tribunal (for short, the tribunal) in ITA No.2397/Del/2010 relating to assessment year 2006-2007 in the case of M/s. BNB Constructions Pvt. Ltd. The tribunal has allowed the appeal and quashed penalty under Section 271(1)(c) of the Act. . 2. The assessee had paid consultancy charges of Rs.2,23,740/- on 28th February, 2006 to a third party and had deducted tax at source (TDS, for short). However, the said TDS was deposited late in the bank on 6th April, 2006 i.e. after end of the financial year on 31st March, 2006. The Assessing Officer disallowed the said deduction as expenditure under Section 40(a) (ai) read with Section 194J of the Act. He has held that the said deduction can be allowed in the subsequent assessment year i.e. 2007-2008. The tribunal has examined the factual matrix of the case and the explanation given by the assessee. There is no dispute that the expenditure was genuine and the only question was the delay in deposit of TDS by a few days. Keeping in view the factual matrix, the explanation given by the respondent-assessee has been accepted. . We do not think that any substantial question of law arises in this appeal and the same is accordingly dismissed. . . . . . . . SANJIV KHANNA, J. . . . . . . . R.V.EASWAR, J. . NOVEMBER 01, 2011 . NA . 04 .