Nila Bauart Engineering Ltd., Baroda V. The CIT(A)-III, Baroda

ITA 6/AHD/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 6234 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 3 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-04-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 06-04-2017
• Assessment Year: 2005-2006
• Appeal Filed On: 01-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH MEENA
• Keywords: Retrospective amendment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH (BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER) ITA. NO: 06/AHD/2014 (ASSESSMENT YEAR: 2005-06) NILA BAUART ENGINEERING LTD. 611, YASHKAMAL, STATION ROAD, BARODA- 390005 V/S CIT(A)-III, BARODA (APPELLANT) (RESPONDENT) PAN: AAACN7066N APPELLANT BY : URVASHI SHODHAN, AR RESPONDENT BY : SHRI RAJESH MEENA, SR. D.R. ( )/ ORDER DATE OF HEARING : 06 -04-201 7 DATE OF PRONOUNCEMENT : 12 -04-2017 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. WITH THIS APPEAL, THE ASSESSEE HAS CHALLENGED THE C ORRECTNESS OF THE ORDER OF THE LD. CIT(A)-III, BARODA DATED 18.10.2013 PERT AINING TO A.Y. 2005-06. ITA NO. 06/A HD/2014 . A.Y. 2005-0 6 2 2. THE GRIEVANCE OF THE ASSESSEE IS THAT THE LD. CIT(A ) ERRED IN CONFIRMING THE DISALLOWANCE OF EXPENDITURE MADE U/S. 40(A)(IA) OF THE ACT. 3. THE FACTS IN BRIEF ARE AS FOLLOWS. A.Y. 2005-06 DUE DATE OF FILING THE RETURN 31.10.2005 DATE OF FILING THE RETURN 31.10.2005 ACTUAL DATE FOR PAYMENT OF TDS 29.10.2005 4. THE ASSESSEE HAS DEDUCTED TAX AT SOURCE AND HAS DEP OSITED THE SAME ON 29.10.2005. THE DUE DATE OF FILING AND THE RETURN O F INCOME WAS FILED ON 31.10.2005. 5. IT IS NOW A SETTLED PROPOSITION OF LAW THAT IF THE TAX DEDUCTED HAS BEEN DEPOSITED BEFORE THE DUE DATE OF FILING OF RETURN, THE AMENDMENT MADE IN SECTION 40(A)(IA) BY FINANCE ACT, 2010 WOULD APPLY WITH RETROSPECTIVE EFFECT FROM 01.04.2005 AS HELD BY THE HONBLE JURISDICTION AL HIGH COURT OF GUJARAT IN THE CASE OF OMPRAKASH R. CHAUDHARY 57 TAXMANN.CO M 38. THE SUM AND SUBSTANCE OF THE AFOREMENTIONED DECISION OF THE HON BLE JURISDICTIONAL HIGH COURT READS AS UNDER:- WHERE ASSESSEE HAVING DEDUCTED TAX AT SOURCE FROM P AYMENTS MADE TO LABOUR CONTRACTORS, DEPOSITED SAME IN GOVERNMENT ACCOUNT B EFORE DUE DATE OF FILING RETURN UNDER SECTION 139(1), IN VIEW OF RETROSPECTI VE AMENDMENT MADE IN SECTION 40(A)(IA) BY FINANCE ACT, 2010, WITH/EFFECT FROM 1-4-2005, AMOUNT SO DEPOSITED COULD NOT BE DISALLOWED. ITA NO. 06/A HD/2014 . A.Y. 2005-0 6 3 6. RESPECTFULLY FOLLOWING THE AFOREMENTIONED DECISION OF THE HONBLE JURISDICTIONAL HIGH COURT, WE DIRECT THE A.O. TO DE LETE THE IMPUGNED DISALLOWANCE. 7. APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 12 - 04- 20 17 SD/- SD/- (MAHAVIR PRASAD) (N. K. BILLAIYA) JUDICIAL MEMBER TRUE COPY ACCOUNTANT MEMBER AHMEDABAD: DATED 12/04/2017 RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHME DABAD