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2022 (1) TMI 961 - AT - Income TaxAddition u/s 40(a)(ia) - payments as actually made to the payee which attract liability to deduct tax at source - Scope of amendment by virtue of which 2nd proviso has been provided to section 40(a)(ia) - HELD THAT:- We find that an amendment has been brought in by the Finance Act, 2012 w.e.f. 1.4.2013 by virtue of which 2nd proviso has been provided to section 40(a)(ia) . The impugned assessment year is assessment year 2013-14 and there cannot be any dispute that the aforesaid amendment is applicable in the instant case. It has been contended that the payees are publicly known NBFCs and it is unlikely that they have not considered the payments so made by the assessee while computing their income and filing their respective tax returns and the assessee may be allowed an opportunity to furnish the requisite certificates in support of the same. We find that the legislative mandate so provided by the aforesaid amendment should be allowed to reach its logical conclusion and considering the same and in the interest of substantial justice, we hereby allow the assessee one more opportunity to furnish the requisite certificates from the respective parties and where the certificates are so furnished by the assessee containing the requisite information, allow the necessary relief to the assessee. The alternate contention is therefore not considered and left open. The matter is accordingly set-aside to the file of the Assessing officer for the limited purposes of examining and considering the certificates which shall be furnished by the assessee within reasonable period of time as so specified by the Assessing officer. Appeal of the assessee is allowed for statistical purposes.
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