2013 (9) TMI 1222

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.... and erroneous in facts and liable to be quashed. 2.On the facts and circumstances of the case and judicial proposition, Ld. CIT (Appeals) erred in making the disallowances of expenses on account of late payment of TDS without giving any notice under section 251 which is bad in law and erroneous in facts and liable to be quashed. 3. On the facts and circumstances of the case and judicial proposition, Ld. Commissioner of Income Tax (Appeals) erred in making the disallowances of expenses on account of late payment of TDS which Ld. Assessing Officer had not made in assessment order, such disallowance is bad in law and erroneous in facts and liable to be deleted. 4. On the facts and circumstances of the case and judic....

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....as described in Ground No.3 which relates to disallowance of Rs. 7,43,955/- on which, according to Ld. CIT(A) the tax was deposited beyond the due date. He submitted that according to well established law if the payment is made before the due date of filing the return then disallowance cannot be made. He in this regard referred to the paper book in which copies of these decisions are enclosed as under: S.No. Content Page No. 1. CIT vs. Virgin Creations 1 2. CIT vs. M/s. JK Construction Co. 2-3 3. CIT vs. Mr. Rajinder Kumar 4-16 4. Piyush Mehta v/s. ACIT 17-25 5. Maharashtra State Electricity Distribution Co. Ltd. vs. ACIT 26-51 6. M/s.Bansal Parivahan (India) Pvt. Ltd. vs. ITO 5....

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....s of section 40(a)(ia) which was never the legislative intention behind enacting the said provisions. The provisions of section 40(a)(ia) as stood prior to the amendments made by the Finance Act 2010 thus were resulting into unintended consequences and causing grave and genuine hardships to the assessees who had substantially complied with the relevant TDS provisions by deducting the tax at source and by paying the same to the credit of the Government before the due date of filing of their returns u/s 139(1). In order to remedy this position and to remove the hardships which was being caused to the assessees belonging to such category, amendments have been made in the provisions of section 40(a)(ia) by the Finance Act 2010. The said amendme....