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2011 (3) TMI 702 - AT - Income TaxDisallowing - U/s 40(a)(ia)- Refund of the excess payment of TDS - TDS was adjusted against the excess deposits of tax made in earlier year - The undisputed fact is that the assessee made the payment to sub-contractor and deducted the taxes but the same was not deposited with the government on the pretext that the assessee has adjusted the same against the excess payment in the earlier years - Held that:when the assessee undisputedly the deducted the tax but to the extent the same was not deposited with the government the provisions of section 40(a)(ia) are attracted and the claim of the deduction of such expenditure would be disallowed - Thus, no bearing on the right of the assessee to claim the refund or adjustment against the current liability of tax - Decided against of assessee.
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