Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2012 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (6) TMI 263 - HC - Income TaxProvisions of Section 40(a)(ia) is retrospective or not - Tribunal not considering the issue raised by the Revenue – Held that:- Referring to the circular of the Board 1/2009 dated 27.3.2009, particularly with reference to the amendment brought under the Finance Act, 2008 FOR Section 40(a)(ia) with retrospective effect from 1.4.2005, CIT (A) held that since tax deducted at source had been paid well before the due date for filing the return of income, the assessee was entitled to have the deduction - Since the Tribunal had gone only on the aspect of the actual deduction and had not gone into the applicability of the provisions of law considered by the CIT (A) for granting relief the proper course would be to remand the matter back to the Tribunal to re- consider - in favour of assessee.
|