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2012 (10) TMI 515 - AT - Income TaxNon deduction of TDS - Disallowance u/s 40(a)(ia) - Held that:- As decided in Shri Piyush C. Mehta Versus The ACIT Mumbai [2012 (4) TMI 349 - ITAT MUMBAI] following the decision in CIT, KOL-XI, KOL Versus VIRGIN CREATIONS [2011 (11) TMI 348 - CALCUTTA HIGH COURT] Amendment to the provisions of Sec. 40(a)(ia) by the Finance Act, 2010 is retrospective from 1.4.2005. Consequently, any payment of tax deducted at source during previous years relevant can be made to the Government on or before the due date for filing return of income u/s.139(1) of the Act. If payments are made as aforesaid, then no deduction u/s. 40(a)(ia) can be made. As in the present case assessee has deducted TDS on an amount of Rs.66,29,926/- out of deductible amount of Rs.73,65,220/- and paid the same on 4th of August, 2008 as per copy of TDS challans which is well within the due date for filing of the return as provided under sec. 139(1) - in favour of assessee.
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