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2014 (4) TMI 1143 - AT - Income TaxTDS u/s 194C - Disallowance of freight expenses u/s. 40(a)(ia) - Held that:- The second proviso to sec, 40(a)(ia) of the Act, inserted by the Finance Act, 2012 with effect from 1.4.2013 is clarificatory in nature and hence the benefit of the same should be applied retrospectively. However, the correctness of this contention has not been examined by the tax authorities. Hence, in the interest of natural justice, we are of the view that this contention of the assessee requires examination at the end of the assessing officer. Accordingly, we modify the order of the Ld.CIT(A) and set aside this ground to the file of the Assessing Officer with the direction to examine the above said contention of the assessee and decide the same in accordance with law, after affording necessary opportunity of being heard. See ITO vs. M/s. Gaurimal Mahajan & Sons [2015 (3) TMI 770 - ITAT PUNE]
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