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2017 (5) TMI 1705 - AT - Income TaxDisallowance 40(a)(ia) on account of late payment of TDS,interest suspense account and sundry creditors - AR submitted that the assessee had paid tax deducted at source before the due date of filing of return, that the provisions of section 40(a)(ia) were not applicable - HELD THAT:- We find that the assessee itself had admitted that taxes were paid in the subsequent AY. In the cases of Rajendra Yadav (2016 (3) TMI 358 - ITAT JAIPUR) and Amruta Quarry Works (2016 (7) TMI 1246 - ITAT AHMEDABAD), the Tribunal had held that amendment to section 40(a)(ia) was retrospective in nature, that the amount to be disallowed under the said section had to be restricted to 30% of the impugned expenditure. Respectfully following the above orders of the Tribunal, we hold that disallowance should be restricted to 30% effective Ground of appeal is decided in favour of the assessee in part. As the appeal for the subsequent AY.is not before us, we are not passing any order in that regard.
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