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2021 (10) TMI 112 - ITAT ALLAHABADNon disclosure of income from sale of prospectus - Onus to prove - substantial relief was granted by ld. CIT(A) - HELD THAT:- On the touchstone of preponderance of human probabilities, it will be natural presumption that the assessee has sold these prospectus on the printed price to the students , who were interested in persuing the course and registering for studies, but the sale proceeds are not declared in the books of accounts and have escaped assessment. The onus is on the assessee to prove with cogent material/evidences that stock of prospectus held by it is duly accounted for by it and no income has escaped assessment viz. sold out of books of account. The assessee is not able to discharge its onus and the ld. CIT(A) has already given substantial relief. Thus on failure by assessee to discharge its primary onus, the assessee is not entitled for any further relief and the appellate order passed by ld. CIT(A) is upheld. The assessee fails in its appeal. Delay in deposit of TDS - Disallowance u/s 40(1)(ia) - expenditure incurred by the assessee on which admittedly income-tax was deducted at source under Chapter XVII-B by the assessee , which stood deposited late beyond the time prescribed u/s 200(1), but admittedly the same was deposited before the due date of filing of return of income u/s 139(1) - HELD THAT:- Recently, Hon’ble Madras High Court in the case of CIT v. Western Agencies (Madras) Private Limited, [2021 (4) TMI 1029 - MADRAS HIGH COURT] has held by following the aforesaid decision of Hon’ble Supreme Court in the case of Calcutta Export Company [2018 (5) TMI 356 - SUPREME COURT], that amendment made by Finance Act, 2010 to provisions of Section 40(a)(ia) is curative in nature and shall apply retrospectively since when Section 40(a)(ia) was inserted viz. ay: 2005-06. Presently, we are concerned with ay:2005-06 , and Respectfully following aforesaid judgments, we hold that the assessee will be entitled for claiming deduction u/s 40(a)(ia) , in case income tax deducted at source under Chapter XVII-B during the year under consideration, was deposited by assessee to the credit of Central Government on or before the due date of filing of return of income u/s 139(1) of the 1961 Act. The assessee succeeds on this issue.
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