1487/Kol/2011.
40,82,089/ while stating that the tax deducted at source TDS on such companymission amount on 07.07.2004, 07.09.2004 and 07.10.2004 ought to have been deposited by the Respondent before the end of the previous year i.e. 31.03.2005 to get the companymission amount deducted from the total income in terms of the provisions of Section 40 a ia of the IT Act as it stood then.
23,88,832/ by the Respondent.
2029 of 2012 ITAT No.
The case was selected for scrutiny and the assessment under Section 143 3 of the Income Tax Act, 1961 in short the IT Act was companypleted on 28.12.2007.
Ltd. amounting to Rs.
Being aggrieved, the Revenue preferred an appeal being ITA No.
4,18,17,910/ .
Aggrieved by the judgment and order dated 03.09.2012, the Revenue has preferred this appeal before this Court.
Being aggrieved by the order dated 29.02.2012, the Revenue preferred an appeal before the High Court.
Being aggrieved by the order dated 12.10.2009, the Respondent preferred an appeal before the Commissioner of Income tax Appeals .
175 of 2012 whereby a Division Bench of the High Court dismissed the appeal filed by the Appellant against the order dated 29.02.2012 passed by the Income Tax Appellate Tribunal in short the Tribunal in ITA No.
Heard learned senior companynsel for the parties and perused the factual matrix of the case.
Brief facts M s. Calcutta Export Company the Respondent is a partnership firm and is a manufacturer and exporter of casting materials having its principal place of business at Kolkata.
K.Agrawal, J. Leave granted.
The present appeal has been filed against the impugned final judgment and order dated 03.09.2012 passed by the High Court at Calcutta in GA No.
4,58,99,999/ with the requirement to pay the additional tax amount of Rs.
The Assessing Officer, vide order dated 12.10.2009, disallowed the export companymission charges paid by the assessee to M s. Steel Crackers Pvt.
The Assessing Officer revised the total income to Rs.
But the same was deposited on 01.08.2005, hence, the Respondent cannot be allowed to claim deduction of the companymission amount from the total income.
The Respondent filed its return of income for the Assessment Year 2005 06 for Rs.
