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2015 (3) TMI 1067 - AT - Income TaxTDS U/S 194C not made within the due date - Disallowance made under section 40(a)(ia) - CIT(A) deleted the disallowance - Held that:- CIT(A) has committed no error in deleting the disallowance by following the decision of IT AT Mumbai in the case of Piyush C. Mehta(2012 (4) TMI 349 - ITAT MUMBAI ) in which it has followed the decision of Hon'ble Calcutta High Court in the case of Virgin Creation (2011 (11) TMI 348 - CALCUTTA HIGH COURT ) to held Amendment to the provisions of Sec.40(a)(ia) of the Act, by the Finance Act, 2010 is retrospective from 1.4.2005. - If tax was deductible and was so deducted during the first eleven months of the previous year, that is, up to February, 2005, the disallowance was to be made if the assessee failed to pay it before 31st March, 2005 - provisions of Sec.40(a)(ia) of the Act, by the Finance Act, 2010 is retrospective from 1.4.2005 - assessee had deposited the tax deducted at source on or before the due date for filing return of income u/s.139(1) of the Act and therefore the impugned disallowance deserves to be deleted - Decided in favour of assessee.
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