2012 (9) TMI 1204

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.... For the Department : S h. Prithi Lal, Sr. D.R. ORDER PER SHAMIM YAHYA: AM This appeal by the Revenue is directed against the order of the Ld. Commissioner of Income Tax (Appeals)-VI, New Delhi dated 14.11.2011 pertaining to assessment year 2008-09. 2. The grounds raised read as under:- "1. On the facts and in the circumstances of the case, the Ld. Commissioner of Income Tax (....

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....g. The assessee company filed its return of income on 20.2.2009 declaring an income of Rs. 5,60,53,704/- and book profit at Rs. 32,98,29,062/- u/s. 115JB of the I.T. Act. During the course of assessment proceedings, the Assessing Officer made disallowance of Rs. 11,23,600/- on account of "provision for auditors remuneration payable" u/s. 40(a)(ia) of the Act by observing that the assessee company ....

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....ioner of Income Tax (A) held that assessee company had made the provision for auditor's remuneration payable of an amount of Rs. 11,23,600/- on which no TDS was deducted. Therefore, in view of section 40(a)(ia) of the Act, the Assessing Officer has rightly disallowed the aforesaid expenditure. Assessee has also submitted that the same is disallowable u/s. 40(a)(ia) of the Act. The additions were n....

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....ainst the above order the Revenue is in appeal before us. 6. We have heard the rival contentions in light of the material produced and precedent relied upon. We find that in this case addition was made on account of disallowance of Rs. 11,23,600/- u/s. 40(a)(ia). However, it is noted that assessee paid the tax, as per the provisions of section 115JB. In these circumstances, we find that decisio....