Bench: Shri Mahavir Singh, Jm & Shri M.Balaganesh, Am] Assessment Year : 2004-05 (Appellant ) (Respondent) Sandersans & Morgans -Versus- A.C.I.T., Circle-54, Kolkata Kolkata (Pan:Abbfs 4291 B) For The Appellant : Shri J.P.Khaitan & Shri S.Basu, Advocate For The Respondent : Shri D.Banerjee, Jcit Date Of Hearing : 21.09.2015. Date Of Pronouncement : 23.09.2015 Order Per Shri M.Balaganesh, Am 1. This Appeal Of The Revenue Arises Out Of The Order Of The Learned Cita In Appeal No. 85/Cit(A)-Xxxvii/Acit-54/08-09. Dated 18.03.2009 For The Asst Year 2004-05 Arising Out Of The Order Of The Learned Assessing Officer Framed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’).

TDS was sought to be modified through clauses 56 and 59 of the Finance Bill, 2002 and the same have also been explained in the Memorandum explaining the provisions of the Finance Bill to state that: "Under the existing provisions of section 199 of the Income-tax Act, any deduction made in accordance with the provisions of sections