2017 (9) TMI 1214

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....hu Prakash, Sr. DR ORDER PER SHRI K.N. CHARY, JUDICIAL MEMBER Both these matters emanate from the order dated 25.05.2015 in appeal no. 34/2014-15 on the file of the Ld. Commissioner of Income Tax (Appeals)-VII, New Delhi (hereinafter called as the "Ld. CIT(A)"), where under the Ld. Commissioner of Income Tax deleted an addition of Rs. 92,46,742/- made by the AO u/s 40(a)(ia) of the Income Tax....

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....lding, and, therefore, tax @ 10% was required to be deducted. However, Ld. CIT (A) further observed that to the facts of the case Section 40(a)(ia) was not applicable and on that premise he deleted the same. 3. Challenging the deletion of the amount the Revenue is in appeal before us, whereas challenging the finding of the Ld. CIT (A) that the amount in question was payment for use of land/buildi....

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....tta) High Court 361 ITR 432 (Cal.) and a decision of a coordinate bench of this Tribunal in M/s Solutions Infosystems (P) Ltd. vs. ITO in ITA No. 2429/Del/2011 for AY 2008-09 order dated 12.12.2013, Ld. CIT (A) held that Section 40(a)(ia) has no application in respect of short deduction of tax. The finding of the Ld. CIT (A) is based on binding precedents, unassailable and, therefore, we confirm t....