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2015 (2) TMI 890 - AT - Income TaxDisallowance u/s 40(a)(ia) - due date for the subject assessment year was 15/11/2007 and the latest TDS was remitted on 24/10/2007 - whether the case of the assessee was covered by the amended provisions of section 40(a)(ia), which have a retrospective effect? - Held that:- As held in the case of CIT vs. Rajinder Kumar [2013 (7) TMI 454 - DELHI HIGH COURT] the impugned amendment to section 40(a)(ia) permits remittance of TDS to the Central Government account on or before the due date of filing return of income u/s. 139(1) of the Act is retrospective in nature. Same view has been taken by the jurisdictional High Court in the case of CIT vs. PEC Electricals Pvt. Ltd., [2015 (2) TMI 889 - ANDHRA PRADESH HIGH COURT]. The assessee in present case paid the TDS to the Central Government account before filing the return of income and the same is to be allowed as held by the above judgements. No infirmity in the action of the CIT(A) in directing the Assessing Officer to delete the addition made u/s 40(a)(ia) - Decided in favour of assessee.
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