THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.524 of 2014 DATED:5.8.2014 Between:
Commissioner of Income Tax-VI, Hyderabad.
And Sri Madineni Mohan, Hyderabad.
… Appellant ….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
I.T.T.A.No.524 of 2014
Judgment : (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
Mr. S.R. Ashok, learned senior counsel appearing for the appellant asked us to admit the appeal against the impugned judgment and order of the learned Tribunal on the suggested question of law.
On fact, the learned Tribunal found that the tax deducted at source was deposited even before filing of returns and may not be within the time as mentioned. However, taking note of the amendment to Section 40(a)(ia) of the Income Tax Act, 1961 and following the decision of the Kolkata High Court rendered in the case of Commissioner of Income Tax vs. Virgin Creations in I.T.A. No. 302 of 2011, where it was held that the amendment to the said Section has got retrospective effect from 1.4.2005 and the benefits derived from the said case have been given consistently by various Benches of the Income Tax Appellate Tribunal in respect of some other cases, the learned Tribunal directed to delete the addition of Rs.1,37,56,960/-.
Hence, we dismiss this appeal.
Consequently, the miscellaneous applications, if any pending, shall also stand closed. No costs.
K.J. SENGUPTA, CJ 5th August, 2014 pnb SANJAY KUMAR, J