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2016 (1) TMI 1263 - AT - Income TaxDisallowance under section 40(a)(ia) - Held that:- We have noted that as held by the Hon’ble Delhi High Court in the case of CIT vs. Ansal Landmark Township (P) Ltd, (2015 (9) TMI 79 - DELHI HIGH COURT) the second proviso to section 40(ia) even though it is stated to be effective from 01.04.2013 is to be taken as retrospective in effect and, therefore, as long as recipients of the income have discharged their tax liability, disallowance under section 40a(ia) cannot be made. As we note this legal proposition, we are alive to this fact that the authorities below have not addressed themselves to this aspect of the matter. In view of this legal and factual position, we deem it fit and proper to remit the matter to the file of Assessing Officer for the factual verification as embedded in the above legal proposition on the fact of this case.
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