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2015 (9) TMI 1574 - AT - Income TaxRectification of mistake - applicability of section 40(a)(ia) to expenditure has already been paid during the year and is not payable at the year - Held that:- Section 40(a)(ia) applicable only to the expenditure which is payable as on 31st March of every year and that the provisions of this section cannot be invoked to disallow the amounts which have already been paid during the year, which has not been considered by this Bench as held by in the case of ACIT Vs. Saurashtra Kutch Stock Exchange Ltd. (2008 (9) TMI 11 - SUPREME COURT) that non-consideration of the decision of the Hon’ble Jurisdictional High court [or the Hon’ble Supreme Court) is a mistake apparent on record is rectifiable u/s. 254(2). Accordingly, we recall the aforesaid Order of this Bench to that extent. The Registry is directed to fix the case in due course.
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