2016 (7) TMI 1471

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....und No. 1: 3. This ground pertains to the issue of disallowance of Rs. 56,03,53,091/- u/s. 40(a)(ia) of the Act. Assessee receives advertisement revenue and as part of receipt, commission amount of Rs. 56,03,53,091/- was paid out of the amounts received. Assessee's accounting procedure is that agents deducts the commissions and pays net amount to assessee. It was contended that there was no occasion to deduct tax. AO not satisfied with the reply made and made disallowance of the above amount u/s 40(a)(ia) of the Act. 3.1. Ld. CIT(A) relying on many other cases of ITAT in ITA No. 426/H/2010 dt. 09-07-2012 and also ITA No. 1552/H/2010, in assessee case, the disallowance was deleted. Aggrieved, Revenue raised the present appeal. 3.2. ....

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....nts were paid beyond the due date. Ld. CIT(A) found that items at Sr. Nos. 2, 4 & 5 in the table at Pg. 10 of the CIT(A) order were made within the time i.e., including grace period. The other two payments at Sr. Nos. 1 & 3 were made with a delay of one day and three respectively, but were made within the accounting year. He deleted the addition following the order in assessee's own case for AY. 2010-11. 5.1. This issue is also covered against the Revenue and in favour of assessee by the order of the ITAT in ITA Nos. 134, 144, 120 and 121/H/2013 dt. 08-05-2015. Since the payments are made within the year, the amendment brought to the Act is equally applicable. Therefore, there is no merit in Revenue's ground. Hence, the same is dismissed....

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....le in the year under consideration. Ground dismissed. Ground No. 5: 7. This ground pertains to Employees' Group Gratuity Scheme of Rs. 1,43,44,721/-. The AO disallowed Rs. 1,43,44,721/- on the ground that the schemes to which assessee contributed the amounts were approved w.e.f. 18-08-2011. 7.1. In first appeal, assessee submitted before the CIT(A) that it neither debited the said amount to its P&L A/c nor claimed the same as deduction while computing total income. The CIT(A) deleted the disallowance accepting assessee's contention and recording a finding that the payment does not belong to assessee. Aggrieved, Revenue is in appeal before us. 7.2. Assessee filed additional evidence in the form of details pertaining to transactio....