Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (3) TMI 2000 - AT - Income TaxDisallowance u/s 40(a)(ia) - site rents paid to the Delhi Transport Corporation (DTC) - non-deduction of TDS - scope of second proviso inserted by the Finance Act, 2012 - HELD THAT:- Tribunal in assessee own case 2007-08 [2017 (10) TMI 1631 - ITAT DELHI] has held that in terms of proviso to section 40(a)(ia) which has been held to be retrospective in nature by the Hon’ble Delhi High Court in Ansal Land Mark Township Pvt. Ltd [2015 (9) TMI 79 - DELHI HIGH COURT] no disallowance could be made u/s 40(a)(ia) of the Act. The proviso requires that if the assessee is not deemed to be assessee in default under the 1st proviso to subsection 1 of section 201, then the assessee shall be deemed to have deducted and paid the tax and, thus, no disallowance would be called for under section 40(a)(ia) of the Act. For complying with the finding of the Tribunal in the case of the assessee itself for assessment year 2007-08, the assessee is required to demonstrate that it fulfilled the conditions provided in above proviso to section 201(1) - we restore the matter to the file of AO for verification of the conditions of proviso to section 201(1) - Appeal of the Revenue is allowed for statistical purposes.
|