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Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri P.M. Jagtap & Shri A. T. Varkey, JM]
ORDER Per Shri A.T.Varkey, JM This appeal has been filed by the assessee against the order of Ld. CIT(A)-15, Kolkata dated 08.02.2017 for AY 2010-11.
The only grievance is regarding disallowance made by AO and confirmed by Ld. CIT(A) in respect of short deduction of TDS.
At the outset itself, we note that the assessee had paid labour charges of Rs.72,82,833/- and since AO noted that TDS was not deducted in respect of eight parties he disallowed corresponding payment of Rs.25,58,200/- u/s. 40(a)(ia) of the Income-tax Act, 1961 (hereinafter referred to as the “Act”). On appeal, the Ld. CIT(A) gave partial relief and have confirmed Rs.21,96,800/-. Aggrieved, assessee has filed this appeal and has brought to our notice that the assessee has satisfied the requirements of 1st proviso to sec. 201(1) of the Act which has been held to be retrospective in operation. We note that the payees have furnished their return of income u/s. 139 of the Act and has taken into account the amount paid by the assessee for computing income in their return of income and has Sambhu Ghosh., AY- 2010-11 paid the tax due on the income declared by them in such return of income and payees have furnished the certificate to this effect from Chartered Accountant’s certificate in Form No. 26A which is found in compliance to CBDT Notification No. 37/2012. In such a scenario, no disallowance was warranted. Therefore, we direct deletion of the disallowance made by the AO and confirmed by the Ld. CIT(A). We direct deletion of addition of Rs.21,96,800/-. This ground of appeal
of assessee is allowed.
4. The last ground is general in nature and does not require any adjudication. Hence, the same is dismissed.
5. In the result, the appeal of assessee is partly allowed. Order is pronounced in the open court on 23rd January, 2019. Sd/- Sd/- (P. M. Jagtap) (Aby. T. Varkey) Vice President Judicial Member
Dated : 23rd January, 2019 Jd.(Sr.P.S.)\ Copy of the order forwarded to:
Appellant – Shri Sambhu Ghosh (Prop. of M/s. Swastik Enterprises) 85, S. K. Deb Road, Kolkata-700 048. Respondent – DCIT, Circle-49, Kolkata. 2 3. CIT(A)-15, Kolkata. (sent through e-mail) CIT- , Kolkata. 4.
DR, ITAT, Kolkata. (sent through e-mail)