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2012 (6) TMI 293 - ITAT, BANGALOREDis-allowance u/s 40(a)(ia) - belated deduction of tax from April 2007 to February, 2008 in the month of March 2008 and deposit of same before the due date for filing the return u/s.139(1) - Held that:- It is not in dispute that that the assessee deducted TDS which was not paid to the account of Central Govt. within the prescribed time, however, it was paid before the due date of filing the return specified in section 139(1) of the Act. On a similar issue, the Calcutta High Court held that amendment in sec. 40(a)(ia) is having retrospective operation in the case of CIT v. Virgin Creations(2011 (11) TMI 348 (HC)). Therefore, CIT(A) has rightly deleted addition on account of such dis-allowance - Decided in favor of assessee.
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