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COMMISSIONER OF INCOME TAX, KOLKATA-XI Versus M/s SK. TEKRIWAL - 2012 (12) TMI 873 - CALCUTTA HIGH COURT
Disallowance u/s 40(a)(ia) - lesser deduction of tax and also under different head - 194C v/s 194I - Held that - The conditions laid down u/s.40(a)(ia) for making addition is that tax is deductible at source and such tax has not been deducted. If both the conditions are satisfied then such payment cannot be disallowed u/s. 40(a)(ia). - Here in the present case the assessee has deducted tax u/s. 194C(2) and not u/s. 194I but there is no allegation that this TDS is not deposited with the Government account. Section 40(a)(ia) refers only to the duty to deduct tax and pay to government account there is nothing in the ....... - .......