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2013 (7) TMI 963 - AT - Income TaxAddition u/s 40(a)(ia) - Held that:- The majority views expressed in the case of Merilyn Shipping & Transports [2012 (4) TMI 290 - ITAT VISAKHAPATNAM ] that the disallowance u/s. 40(a)(ia) applies only to amounts payable as on 31st March of the previous year on which the TDS has not been deducted and no disallowance to be made in respect of sums paid during the previous year without deducting TDS are not acceptable. The submissions advanced by learned advocates have already been dealt with and rejected. TDS u/s 194C - Held that:- We find force in the argument of the Learned Counsel that Sec. 194C has undergone amendment w.e.f. 01-06-2007 by the Finance Act, 2007. In our opinion, this aspect has not been examined by the authorities below. We, therefore, restore the grounds taken by the assessee in the Cross Objection to the file of the Assessing Officer to decide the same. Needless to say that the assessee should be given an opportunity of being heard as per the principles of natural justice
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