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2017 (5) TMI 1627 - AT - Income TaxAddition u/s 40(a)(ia)- non deduction of TDS on payment of job work - second proviso to section 40(a)(ia) applicability - retrospective or prospective effect - Held that:- Referring to diversified judgments on the issue it is settled law that if two views in regard to the interpretation of a provision are possible, the Court would be justified in adopting that construction which favours the assessee. See COMMISSIONER OF INCOME TAX-1 VERSUS ANSAL LAND MARK TOWNSHIP (P) LTD. [2015 (9) TMI 79 - DELHI HIGH COURT] Thus held that the second proviso to section 40(a)(ia) of the Act is retrospective in nature. The Ld. CIT(A) accordingly correctly allowed the appeal of the assessee and deleted the disallowance on this issue. - Decided in favour of assessee.
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