Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2011 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (4) TMI 443 - ITAT, MUMBAIDeduction u/s.80IB - Late payment of TDS - Section 40(a)(ia) has been amended by the Finance Act, 2008 with retrospective effect from 1-4-2005 and now it has been provided that even if TDS on account of commission or professional services etc. is paid before the due date specified in sub-sec.[1] of sec.139, even then such payment could be allowed - After the amendment even if tax was paid before the due date of filing of the return u/s.139[1], then no disallowance should be made under this provision - Therefore, set aside the order of the ld. CIT[A] and remit the matter back to the file of the AO with a direction to allow the amount of disallowance on account of commission and labour charges if assessee has paid this sum before the due date of filing of the return. Disallowance of Expenses where FBT has already paid - 25% of mobile expenses , 20% of residential phone and 20% of the vehicle expenses - no disallowance could have been made on account of personal expenses incurred on telephone and car maintenance against which assessee has already paid FBT.
|