Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2014 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (11) TMI 1150 - AT - Income TaxInsertion of second proviso w.e.f. 01.04.2013 to section 40(a)(ia) - prospectivity OR retrospectivity - Held that:- CIT(A) directed assessee to furnish necessary certificates as per principles laid down by Hon’ble Supreme Court [2007 (8) TMI 12 - SUPREME COURT OF INDIA] in the case of Hindustan Coca Cola Beverages P. ltd., (supra) wherein it was held that if the payees have admitted the receipt of income, there is no need for the payee to deduct the TDS. Since the provisions of section 201(1) allow such assessee to be not an “assessee in default”, consequently, the second proviso to section 40(a)(ia) also comes into operation even though the said provision was introduced from 01.04.2013. Since, it is for removal of hardship that may also be applied for pending proceedings. Moreover, the directions of Ld. CIT(A) are also categorical. In case, there is failure on the part of assessee to furnish such certificates, disallowance stands confirmed. Since, it has to be examined by A.O. we are of the opinion that Revenue appeal is not maintainable on the facts of the case and ground raised by Revenue is dismissed.
|