2012 (4) TMI 824

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....iwal, Sr.D.R. ORDER PER SHRI MUKUL Kr. SHRAWAT, JUDICIAL MEMBER : This is an appeal at the behest of the Assessee which has emanated from the order of Learned CIT(Appeals)-Gandhinagar dated 11/09/2009 passed for A.Y. 2006-07. The substantive grounds which are argued before us are ground Nos.1 & 2; reproduced below:- 1. The CIT(Appeals) erred in upholding the issue of disallowance....

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....done in the piece-meal, therefore, it was not possible for the assessee to credit on the last day of the year. Since there was a default, as per Assessing Officer, hence by invoking the provisions of section 40(a)(ia) the job-work payment of Rs.29,22,591/- was disallowed. Even the first appellate authority has affirmed the view taken by the Assessing Officer, however, it was held that since the ap....

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.... 302 of 2011/GA/3200/2011 order dated 23.11.11), wherein the Hon'ble Calcutta High Court has held as under:- "The learned Tribunal on fact found that the assessee has deducted tax at source from the paid charges between the period April 2,2005 and April 28,2006 and the same were paid by the assessee in July and August 2006, i.e. well before the due date of filing of the return of inco....

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....ing, assessee had to make deduction before 31^st March of the year in question and as long as such amounts were deposited before last date of filing of the return, requirements of law would be fulfilled. It was on this basis that tribunal was of the opinion that the assessee committed no wrong and was therefore, entitled to seek deduction of Rs.32,94,149/- from the income which amount the assessee....