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2010 (12) TMI 710 - AT - Income TaxDisallowance u/s 40(a)(ia) - Penalty - Interest u/s 234B, 234C & 234D - TDS u/s 194C - Reassessment - whether the amendments made in the provisions of section 40(a)(ia) of the Act are applicable w.e.f. 1.4.2010 or with retrospective effect from 1.4.2005 - Since it is necessary to spell out the degree of retrospectivity from the language of the relevant provisions itself, close attention has to be paid to the provisions of the said section - The proviso to the section 40(a)(ia) stipulated that if tax is deducted in subsequent year or having been deducted in the relevant previous year, paid after the stipulated time limits, the assessee would be entitled to claim deduction in the year in which payment is actually made - It cannot be said to be an invariable rule that a statute could not be retrospective unless so expressed in the very terms of the section which had to be construed - Held that: retrospectively may result not only from the express language employed in a statute, but also by necessary implication - Appeal is allowed No additional ground having been raised in terms of the residuary ground, accordingly, this ground is dismissed - In the result, appeal is partly allowed
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