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2015 (4) TMI 175 - ITAT HYDERABADRetrospectivity of amendment brought in section 40(a)(ia) - no disallowance under section 40(a)(ia) required to be made as held by CIT(A) - belated deposit of TDS - Held that:- Similar issue was considered by this Tribunal relying on CIT vs. Rajinder Kumar [2013 (7) TMI 454 - DELHI HIGH COURT] wherein held that the impugned amendment to section 40(a)(ia) permits remittance of TDS to the Central Government account on or before the due date of filing return of income u/s. 139(1) of the Act is retrospective in nature. Considering the consistent view taken by the Tribunal, we are inclined to hold that when the assessee, though deducted TDS before 31st March, 2005, relevant to A.Y. 2005-06, relating to expenditure claimed for the assessment year under consideration and paid the said amount to the Central Government before the due date of filing the return of income for A.Y. 2005-06, that expenditure cannot be disallowed u/s. 40(a)(ia) of the Act. If it is so, the CIT(A) is justified in allowing claim of the assessee. - Decided in favour of assessee.
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