2011 (12) TMI 697

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....O R D E R The Revenue has preferred this appeal, which relates of assessment year 2006-07, under Section 260A of Income Tax Act, 1961 on two grounds : (1) Disallowance of Rs. 13,03,74,047/- under Section 43B of the Act. (2) Disallowance of Rs. 3,40,99,000/- towards contribution to the Cooperative Education Fund. 2. Regarding the first ground the Tribunal has recorded its fi....

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....ar 2004-05 in I.T.A. No.244/Del./08 dated 16.1.2009 in assessee's own case. ITAT, Delhi bench ?D? has allowed the issue in favour of the assessee by holding that the payments have been made before the due date for filing of return of income. The CIT(A) was justified in deleting the addition. From the tax audit report, we also find that amount of Rs. 13,03,74,047/- has been shown as paid on or befo....

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....e the due date of filing of the return of income. Ld. counsel for the appellant is not able to point out on what account the order passed by the Tribunal is factually incorrect or perverse. We do not find see any reason, therefore, to entertain the present appeal on the first ground. 4. With regard to the second ground, the Tribunal has referred to Section 63 of Multi State Cooperative Society ....