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2017 (3) TMI 1250 - ITAT KOLKATAAdditions u/s 40(a)(ia) - Delay in deposit of tds - Held that:- TDS pertaining to the financial year should have been deducted & paid within the time allowed under section 139(1) of the Act. The amendment to section 40(a)(ia) of the Act i.e. vide Finance Act, 2010 w.e.f. 01.04.2010, whereby the deposit of tax deducted at source, deposited with the central government by the due date of the filing the return for the relevant year, i.e., where the tax was deductible at any time during the relevant previous year, has been interpreted by the Hon'ble courts of law as retrospective in nature, so that it would apply for the current year as well. The decisions by the higher courts of law, as in the case of CIT v. Rajinder Kumar [2013 (7) TMI 454 - DELHI HIGH COURT] and CIT v. Naresh Kumar [2013 (9) TMI 275 - DELHI HIGH COURT ] have read down the said amendment, holding it as retrospective on the ground of it being only clarificatory and toward mitigating the hardship being caused and, further, of the payment by due date qua the deductions effected for the first eleven months of the relevant previous year as sufficient compliance of the provision. - Decided against the revenue.
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