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2014 (1) TMI 1797 - AT - Income TaxAddition invoking section 40(a)(ia) - plea of the assessee is that the TDS has been deposited with the state-exchequer much before the due date of filing of return of income - retrospectivity - CIT(A) deleted addition - Held that:- The point canvassed by the assessee and which has also been accepted by the CIT(A), is in line with the judgment in the case of Virgin Creations (2011 (11) TMI 348 - CALCUTTA HIGH COURT ) wherein an identical controversy has been considered. As per the Hon’ble High Court, amendment made to section 40(a)(ia) of the Act by the Finance Act, 2010 is retrospective in operation and considered in the said light, in the present case assessee has deposited the TDS on or before the due date of filing of return of income prescribed u/s 139(1) of the Act and therefore, the Assessing Officer was not justified in disallowing the corresponding expenditure u/s 40(a)(ia) of the Act. In this manner, we deem it fit and proper to affirm the order of the CIT(A) - Decided against revenue.
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