2018 (8) TMI 1754

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... on 31.03.2009 declaring total income of Rs. 58,57,760/-. During the course of assessment proceedings, the Assessing Officer determined the total income of the assessee at Rs. 1,95,51,565/- by disallowing an amount of Rs. 16,450/- being expenses in relation to which TDS of Rs. 329/- remained unpaid till 31.03.2008 and an amount of Rs. 1,36,77,355/- being expenses payable and sundry creditors and sub commission. 3. In appeal, the ld. CIT(A) noted that there is violation of provisions of section 40(a)(ia) in so far as assessee has not deducted TDS and deposited the same to the credit of the Central Government within the stipulated time. He, therefore, enhanced the income of the assessee by Rs. 1,35,00,000/-. He however gave certain relief to....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ves the leave to add, modify, amend or delete any of the grounds of appeal at the time of hearing and all the above grounds are without prejudice to each other." 5. The ld. counsel for the assessee made two-fold submissions. He submitted that in view of the amendment to the provisions of section 40(a)(ia) which has been held to be retrospective by various decisions, only 30% of the amount on which tax has not been deducted should be disallowed and not the entire amount. He further submitted that the Assessing Officer may be directed to allow such disallowance, which has been made in this year, subject to verification in the subsequent year. He also relied on the following decisions :- (i) Shri Rajendra Yadav vs. ITO, ITA No.895/JP/2012 d....