Disallowance u/s 40(a)(ia)

Dixit Jawahar (CA Finalist) (444 Points)

29 August 2008  

 

Dear All,
 
 
I want a small clarification. Can any one please clarify.
  The facts of the case is as follows:
 ABC  Private Ltd has made a provision for  payment of commission of Rs.4 lakhs during the Financial Year 2005-06 ie.on 31/03/06 to Mr.X, the director of  ABC Private Ltd. At the time of Scrutiny Assessment u/s 143(2), the Assessing Officer disallows the amount of Rs.4 lakhs on the ground that the TDS amount though deducted at the time of credit to the account of the director on 31/03/06, but the same is actually remitted on 31/10/06 to the account of the Govenment.
 
(i) Is the action of the A.O. justified for the disallowance ?
(ii) Is there any remedy available to the Assessee ie.ABC Private Limited.
(iii) Does Sec.40(a)(ia) and Sec.43B co-exist?
 
Regards,
Dixit