2015 (5) TMI 183

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....kul Kumar Shrawat: This is an Appeal filed by the Revenue arising from the order of learned CIT(A)-I, Baroda dated 05.07.2011. The grounds raised by the Revenue are reproduced below:- "1. On the facts and in the circumstances of the case and in law, the Id.CIT (Appeals) erred in deleting the addition of Rs. 1,86,94,606/- u/s.40(a)(ia) of the Income Tax Act, 1961, holding that the provisions ....

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....time prescribed. On enquiry, the Assessee has furnished the details of TDS deducted and the dates of payment. The TDS was deducted from transporters, contractors, advertisers, on payment of rent, etc. The undisputed fact as noted by the AO was that the TDS so deducted was deposited before the due date of the filing of the return. We have noted that in the assessment order a chart was reproduced sh....

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....t source of Rs. 9,77,707/- was deposited to the credit of Government before due date of filing of return of income, disallowance of Rs. 1,86,94,606/- was made by the AO u/s. 40(a)(ia) as it stood prior to amendment made by Finance Act, 2010. 2.3 In appeal, reliance was placed on the decision of ITAT, Ahmedabad in the case of Kanubhai Ramjibhai Makwana (2011) 9 Taxmann.com 55 2.4 I have consi....

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....e on the findings of the AO. On the other hand, learned A.R., Mr. K.D. Shah has cited few decisions before us as listed below: "1. CIT Vs. Rajendra Kumar, Tax Appeal No.65/2013 order dated 1st July, 2013 by Delhi High Court. 2. CIT Vs. Royal Builders, 220 taxmann 180 (Guj) 3. Virgin Creations (ITA No.302 of 2011/GA 3022/11 order dated 23rd November, 4.1 Further he has also placed on recor....