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2012 (10) TMI 440 - AT - Income TaxLate payment of TDS u/s 40(a)(ia) - whether amendment made to the provisions of section 40a(ia) would apply with retrospective effect from 1.4.2005 or w.e.f 1.4.2010 ? - Held that:- As decided in COMMISSIONER OF INCOME TAX, KOL-XI, KOL Versus VIRGIN CREATIONS [2011 (11) TMI 348 - CALCUTTA HIGH COURT] the amendment to the provisions of Sec.40(a)(ia) of the Act, by the Finance Act, 2010 is applicable retrospectively from 1.4.2005. Consequently, any payment of TDS on or before the due date for filing return of income u/s.139(1) cannot be disallowed in terms of provisions of sec.40a(ia). As in the instant case the assessee deposited the tax deducted at source on 29.5.2007 i.e. before the due date for filing return of income u/s.139(1) and especially when the Revenue have not brought to notice any contrary decision, no interfere with the findings of the CIT(A) is called for.
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