2015 (2) TMI 890

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....NDRA POOJARI, A.M.: This appeal filed by the Revenue is directed against the order passed by the CIT(A)-V, Hyderabad dated 28/02/2013, for assessment years 2007-08. 2. The only issue involved in this appeal is pertaining to the disallowance of Rs. 65,89,810/- made u/s 40(a)(ia) of the IT Act. 3. In the assessment order, the Assessing Officer noted that there was delay in making payment of tax ....

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.... in the case of CIT Vs. Virgin Creations, ITA No. 302 of 2011 (GA 3200/2011) dt. 23/11/2011 held that the assessee had deducted tax at source and remitted the same within the date of filing the return of income u/s 139(1) and, therefore, no disallowance can be made u/s 40(a)(ia) of the Act. He, therefore, directed the Assessing Officer to delete the addition made by the Assessing Officer u/s 40(a)....