TaxTMI 
TaxTMI 
2012 (4) TMI 690
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....NKAR NARAYAN, Sr DR ORDER Per Shri B. R. BASKARAN, Accountant Member: The appeal of the assessee is directed against the order dated 06.03.2009 passed by learned CIT(A)-I, Visakhapatnam and it relates to the assessment year 2006 - 07. 2. The assessee is assailing the decision of Learned CIT(A) in confirming the addition made under section 40(a)(ia) of the Act for non-deduction of tax at sour....
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....us year without deducting tax at source. 4. On the contrary, the Learned D.R submitted that the provisions of sec. 40(a)(ia) of the Act shall apply to all payments covered by sec. 194C of the Act whether they have already been paid or remain as payable as at the end of the relevant financial year. He drew support from the following case law:- (a) Dey's Medicals (UP) (P) Ltd (216 ITR 83 (All)) (....
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....the decisions relied upon by the Learned D.R, it was specifically observed at paragraph 11 of the Judicial Member's order that the specific issue regarding "paid", "credited" or "payable" has not been considered in those decisions and even it was not argued. Accordingly it was held by the Judicial Member that these judgments will in no way affect the issue before them. Accordingly, by following th....