MEGA ENGINEERS & BUILDERS,PORT BLAIR vs. DCIT, CIR. 3(2) , PORT BLAIR

In the result, the appeal of assessee is allowed

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

40a(ia) of the Act have wrongly been invoked by the AO. Similarly the Ld. CIT(A) simply affirmed the addition by holding that the assessee has failed to deduct tax at source as provided in the Act. We find support from the decision of Co-ordinate Bench of Kolkata in the case of ACIT vs Uco Bank

M/S. EVEREADY INDUSTRIES INDIA LTD.,KOLKATA vs. PR.CIT-4, KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]