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2013 (11) TMI 1512 - AT - Income TaxDisallowance u/s 40(a)(ia) for non deduction of TDS - Lease rent – applicability of provisions of section 201(1) as inserted by Finance Act, 2012 where recipient has shown the income in its return and paid the appropriate tax on such income - Held that:- The assessee was unable to pay the lease rent and therefore has passed only accounting entry for the treatment of leaserent and not deducted tax source thereon - The receiver of lease rent has filed the returns of income belatedly subsequent to the impugned proceedings - The assessee cannot be said to have satisfied the conditions prescribed in the proviso to sec. 201 of the Act inserted by the Finance Act, 2012 – The assessee did not demonstrate as to how the provision of section 40(a)(ia) is not applicable on it – Decided against assessee.
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