2015 (10) TMI 1742

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....nditure u/s 40(a)(ia) of the Act in respect of expenditure already "Paid" during the year as Section 40(a)(ia) disallowance applies only to amounts "payable" as of 31st March and not to amounts already "paid" during the year." 3. The assessee has also filed the revised additional grounds of appeal, which are as under:- "1. That learned AO erred in disallowing expenditure u/s 40(a)(ia) of the Act in respect of expenditure of Rs. 5,61,264 already "Paid" during the year as Section 40(a)(ia) disallowance applies only to amounts "payable" as of 31st March and not to amounts already "paid" during the year. 2. That learned CIT(A) erred in disallowing expenditure u/s 40(a)(ia) of the Act in respect of expenditure of Rs. 4,06,950 incurred o....

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.... assessee. He referred to the relevant portion of the assessment order in support of the case of the Revenue. 8. We have considered the rival submissions and have perused the order of the Assessing Officer and the learned CIT(A). We find that the issue is now settled that the provision of Section 40(a)(ia) of the Act shall apply only to the amount "payable" as on the last day of the relevant accounting year. Accordingly, the Assessing Officer is directed to verify the amount in question and, if the amount was already paid during the year and no expenditure remained "payable" as on the last day of the relevant accounting period, the provision of Section 40(a)(ia) of the Act shall not apply. We direct accordingly. 9. The revised additio....

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....mount of Rs. 59,438/- is filed in the form of Form No.16A, copy filed at page 42 of the compilation filed before the Tribunal. Learned DR has relied on the order of the Assessing Officer. 14. We have considered the rival submissions. In view of the evidence filed by the assessee in the compilation before us to prove that the assessee has made the TDS on the expenditure of Rs. 59,438/-, we decide the issue in favour of the assessee and direct that no disallowance of Rs. 59,438/- be made under Section 40(a)(ia) of the Act. Accordingly, the revised additional ground No.3 of the assessee is allowed. 15. The revised additional ground of appeal No.4 of the assessee is as under:- "That without prejudice to above grounds, learned AO erred ....