2013 (2) TMI 743

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....venue's appeal against the order of Ld. CIT(A)-XV, Ahmedabad dated 4th October, 2012. 2. None appeared on behalf of the assessee despite the fact that notice for today's hearing was served upon the assessee. We proceeded to dispose of this appeal by hearing ld. D.R. The Revenue in this appeal is aggrieved by the action of Ld. CIT(A) in deleting the addition of ₹ 31,75,516/- made on account ....

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....8 2 M/s Shambi o Pvt. Ltd. 1,77,400 31/01/2008 31/01/2008 2,010 31/05/2010 do 5,21,553 29/02/2008 29/02/2008 5,909 31/05/2008 3 Pankaj S. Patel 8,54,898 31/01/2008 31/01/2008 9,686 31/05/2008 do 9,56,663 29/02/2008 29/02/2008 10,83 9 31/05/2008 Total 31,75,516 (d) Vide A.O.'s office letter dated 11/10/2010, the assessee was show caused as to why the said amount ₹....

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....ts submitted by the assessee reveal the true financial condition and hence, he could have managed his affairs in a very healthy manner. The payments to government account are prescribed by the statute and are mandatory. It is clear from the above that the assessee had made payments to sub contractor, has deducted tax at source from such payments made, but has not deposited the TDS amount in the Go....

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.... Hon'ble Calcutta High Court, Kanubhai Ramjibhai Makwana of Hon'ble ITAT Ahmedabad, it is now settled that amendment brought into section 40(a)(ia) of the Act vide Finance Act 2010 w.e.f. 1.4.2010 are curative and retrospective hence if TDS deduction is paid/deposited before due date of filing of return of income u/s 139(1) of the Act it does not invite the provision of section 40(a)(ia) of the Ac....