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2016 (11) TMI 1512 - AT - Income TaxDisallowance u/s.40(a)(ia) - amendment to provisions of section 40(a)(ia) - Retrospectivity effect of amendment - Held that:- Pune Bench of the Tribunal in the case of Radhesham Bherulal Bhandari (2016 (2) TMI 1154 - ITAT, PUNE) while deciding an identical issue has held that the second proviso to provisions of section 40(a)(ia) is clarificatory and therefore retrospective in operation and as a consequence once the payee has discharged its tax obligation in accordance with law, operation of section 40(a)(ia) stands dispensed with - thus restore the issue to the file of the Assessing Officer with a direction to give an opportunity to the assessee to substantiate with evidence to his satisfaction that the payee has already included this income in its return and paid the taxes thereon - Decided in favour of assessee for statistical purposes.
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