2017 (3) TMI 388

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....ling aggrieved and dissatisfied with the impugned judgment and order passed by the Income Tax Appellate Tribunal, Ahmedabad dated 5th April 2016 in ITA No. 932/AHD/2012 for A.Y 2007-2008, by which the Tribunal has allowed the said Appeal preferred by the assessee and has deleted the additions made by the Assessing Officer of Rs. 75,63,523/-, the Revenue has preferred the present Tax Appeal with th....

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....that the assessee has shown liability of Rs. 1,69,336/- only. The Assessing Officer noticed, on verification of the details, that the total sundry creditor outstanding was Rs. 89,27,708/- out of which, the creditors identified which are liable for TDS amounts to Rs. 47,31,603/- on which TDS was to be deducted and paid before filing the return of income. It was found that the total expenses which w....

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....Rs. 75,63,523/- by observing that the amount of Rs. 75,63,523/- was deposited by the assessee after close of the accounting year. 4. On an appeal, considering the amended provisions of Section 40 [a](ia) of the Act, more particularly the expression added to Section 40 [a](ia) of the Act and applying the same retrospectively, by the impugned judgment and order, the learned Tribunal has deleted t....

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....mendment made under Section 40 [a](ia) of the Act, brought out by the Finance Act 2010 w.e.f 1st April 2010 is having retrospective effect. It is reported that the said decision has been confirmed by the Hon'ble Supreme Court. The aforesaid fact is not disputed by Shri K.M Parikh, learned counsel appearing on behalf of the Revenue. 8. Considering the aforesaid facts and circumstances and th....