2014 (2) TMI 1355

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....nkaj Jain ORDER PER P.M. JAGTAP, A.M. : This appeal is preferred by the Revenue against the order of the ld. CIT(A) - 3, Mumbai dated 10-07-2012 whereby he deleted the disallowance of Rs. 27.22 crores made by the A.O. u/s 40(a)(ia) of the Income Tax Act, 1961 holding that the said provision is attracted only when there is non-deduction of tax at source and not where there is short deducti....

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.... be deducted by the assessee from the payments thereof as required by the provisions of section 194-J of the Act. He, therefore, disallowed the expense on which short deduction of tax was made by the assessee amounting to Rs. 27.20 crores by invoking the provisions of section 40(a)(ia) of the Act. For this conclusion, he relied on the assessment completed in assessee's own case for A.Y. 2007-08 wh....

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.... assessee by the decision of the Tribunal rendered vide its common order dated 25-5-2012 passed in assessee's own case for assessment years 2005-06, 2006-07 and 2007-08 wherein a similar disallowance made u/s 40(a)(ia) of the Act for short deduction of tax at source by the assessee u/s 194-C instead of section 194-J of the Act was held to be unsustainable by the Tribunal holding that the provision....