ACIT 2 (1), UJJAIN vs. M/S PHALODI CONSTRUCTION COMPANY NERSIGARH, NERSIGARH
In the result, appeal of the revenue stands dismissed
ITA 657/IND/2017[07-08]Status: DisposedITAT Indore06 Feb 2019
Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year: 2007-08 Acit-2(1) M/S. Phaloudi Construction बनाम/ Company, Nersingarh Ujjain Vs. Rajgarh (Revenue) (Respondent) Pan: Aaffp9523Q Revenue By Shri V.J. Boricha, Sr. Dr Respondent By None Date Of Hearing: 24.01.2019 Date Of Pronouncement: 06. 02.2019 आदेश / O R D E R Per Manish Borad, A.M: This Appeal By Revenue Pertaining To A.Y. 2007-08 Is Directed Against The Order Of Ld. Commissioner Of Income Tax(Appeals)- Ujjain, (In Short ‘Cit(A)’), Dated 04.07.2017 Which Is Arising Out Of The Order U/S 143(3) Of The Income Tax Act 1961(Hereinafter Called As The ‘Act’) Framed On M/S. Phaloudi Construction Co. Itano.657/Ind/2017 31.01.2013 By Dcit, 2(1), Ujjain. The Revenue Has Raised Following Grounds Of Appeal: 1. Whether On The Facts & In The Circumstances Of The Case, Ld. Cit(A) Has Erred In Deleting The Addition Of Rs.9,97,515/- On Account Of Short Deduction Of Tds Based On Proviso 2 To Section 40(A)(Ia) Which Was Introduced Only From 01.04.2013.”
Section 143(2)Section 143(3)Section 148Section 201Section 40
3) r.w.s 147 of the Act on 31.01.2013 and after considering the submissions of the assessee, Ld. AO made disallowance of Rs.11,77,515/- for lower deduction of tax on machinery hire charges. Income was reassessed at Rs.74,98,678/-.
4. Aggrieved assessee preferred an appeal before the Ld.
CIT(A) and partly succeeded.
5. Now the revenue
