2010 (8) TMI 950

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....of the learned CIT(A)-V, Baroda dated 23-03-2010 for assessment year 2007-2008 on the following grounds: "1(i) On the facts and in the circumstances of the case, the learned CIT(A) erred in deleting the disallowance u/s. 40 (a) (ia) of Rs. 48,29,076/- 1.(ii) The CIT(A) failed to appreciate that the very operation of section 40(a) (ia) revolves around prescribed dates and any lapse invokes di....

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....mitted before the CIT on 17-12-2007 though it was required to be filed on or before 30-06-2007 as per Rule 29-B of the IT Rules. The AO accordingly disallowed the carting expenses of Rs. 48,29,076/- u/s 40 (a) (ia) of the IT Act. It was submitted before the learned CIT(A) that as per proviso to section 194 C (3) (i) of the IT Act declaration in Form NO.15-I was obtained, therefore, there was no li....

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....yees not to deduct tax. The addition was accordingly deleted. 5. On consideration of the rival submissions, we are of the view that no interference is called for in the matter. The learned DR submitted that Rule 29 D of the IT Rules is procedural in nature. The submission of the learned DR itself shows that since the compliance of the rule was procedural only, therefore, when the assessee obtai....