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2014 (1) TMI 136 - HC - Income TaxFailure to deposit tax deducted at source - Held that:- Following H.S Mohindra Traders v. Income tax Officer, Ward 39 (2), New Delhi [2010 (7) TMI 801 - ITAT DELHI] - The amended provision of Section 40 (a)(ia) clearly gives the time to the assessee to deposit the TDS on or before the due date specified in subsection (1) of Section 139 of the Act - The amendment came into effect from 1.04.2010. This is clearly erroneous in as much as Section 40(a)(ia) was amended by the Finance Act, 2008 with effect from 01.05.2005 whereby the words on or before the due date specified in subsection (1) of Section 139 was substituted by the words, has not been paid during the previous year, or in the subsequent year before the expiry of the time prescribed under subsection (1) of Section 200 of the Act - Decided against Revenue.
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