Sambhu Ghosh, Kolkata V. DCIT/ACIT Cir-49, Kolkata, Kolkata

ITA 811/KOL/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6699 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 9 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 21-04-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Section: 40(a)(ia); 201(1); 139

Judgement Text

1 ITA NO.811/KOL/2017 SAMBHU GHOSH., AY- 2010-11 , A , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOL KATA ( ) . . , . . ! , ' #$ ) [BEFORE SHRI P.M. JAGTAP, VICE PRESIDENT & SHRI A. T. VARKEY, JM] I.T.A. NO. 811/KOL/2017 ASSESSMENT YEAR: 2010-11 SAMBHU GHOSH (PROP. OF M/S. SWASTIK ENTERPRISES) (PAN: ADSPG1678B) VS. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-49, KOLKATA. APPLICANT RESPONDENT DATE OF HEARING 07.01.2019 DATE OF PRONOUNCEMENT 23.01.2019 FOR THE APPLICANT SHRI PINKI SHAW, ACA FOR THE RESPONDENT SHRI C J. SINGH, ADDL. CIT, SR. DR ORDER PER SHRI A.T.VARKEY, JM THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A)-15, KOLKATA DATED 08.02.2017 FOR AY 2010-11. 2. THE ONLY GRIEVANCE IS REGARDING DISALLOWANCE MADE BY AO AND CONFIRMED BY LD. CIT(A) IN RESPECT OF SHORT DEDUCTION OF TDS. 3. AT THE OUTSET ITSELF, WE NOTE THAT THE ASSESSEE HAD PAID LABOUR CHARGES OF RS.72,82,833/- AND SINCE AO NOTED THAT TDS WAS NOT DEDUCTED IN RESPECT OF EIGHT PARTIES HE DISALLOWED CORRESPONDING PAYMENT OF RS.25,58,200/- U/S. 40(A)(IA) OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT). ON AP PEAL, THE LD. CIT(A) GAVE PARTIAL RELIEF AND HAVE CONFIRMED RS.21,96,800/-. AGGRIEVED, ASSE SSEE HAS FILED THIS APPEAL AND HAS BROUGHT TO OUR NOTICE THAT THE ASSESSEE HAS SATISFI ED THE REQUIREMENTS OF 1 ST PROVISO TO SEC. 201(1) OF THE ACT WHICH HAS BEEN HELD TO BE RETROSP ECTIVE IN OPERATION. WE NOTE THAT THE PAYEES HAVE FURNISHED THEIR RETURN OF INCOME U/S. 1 39 OF THE ACT AND HAS TAKEN INTO ACCOUNT THE AMOUNT PAID BY THE ASSESSEE FOR COMPUTING INCOM E IN THEIR RETURN OF INCOME AND HAS