2011 (3) TMI 1658

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....asad Rao (Judicial Member) This appeal is filed by the assessee having been aggrieved by the order dt.11.2.2010 of the Commissioner of Income-tax (Appeals) for Assessment Year 2005-06 in the case of the assessee. 2. Grounds No.1 and 4 are general in nature and need no specific adjudication and they are dismissed as such. 3. Ground No.3 relates to addition of Rs. 7,152 u/s.36(1)(va) pertai....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....2 accompanied by the P & L account, Balance Sheet, Schedules forming part of the Balance Sheet, Auditors Report as per the provisions of the Income-tax Act,1961. During the assessment proceedings, the assessee along with its Accountant appeared from time to time with relevant books of account, documents, ledger accounts supported with vouchers for expenses etc., on various dates. While completing ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tained in Section 40(a)(ia) of the Income-tax Act,1961. In appeal, the learned CIT(A) confirmed the same. Challenging this disallowance, the learned AR of the assessee contended before the Tribunal that the provisions contained in Section 40(a)(ia) of the Act states the amount "payable" but not "paid already". In support of his contention he relied on the following authorities apart from the provi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ons of Section 40(a)(ia) is not at all applicable following the rule of liberal construction of taxing provisions. Therefore, the learned AR of the assessee sought deletion of the disallowance made by the lower authorities. Contrary to this, the learned DR vehemently argued in support of the impugned orders of the authorities below. 7. On perusal of the above stated orders of the Tribunal as we....