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2014 (1) TMI 1799 - ITAT PUNENon deduction of TDS - disallowance - applicability of second proviso to section 40(a)(ia) of I.T. Act - whether the Ld. CIT(A) was justified in deleting the disallowance u/s.40(a)(ia) by holding that TDS disallowance applies only to amounts ‘payable’ as on 31st March and not to amounts already paid during the year? - Held that: - this issue is covered by the order of ITAT, Cochin Bench in the case of Shri Antony D. Mundackal Vs. ACIT [2013 (12) TMI 67 - ITAT COCHIN], where it was held that sec. 40(a)(ia) of the Act, inserted by the Finance Act, 2012 with effect from 1.4,2013 is clarificatory in nature and hence the benefit of the same should be applied retrospectively - appeal restored on preliminary issue for fresh adjudication.
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