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2016 (9) TMI 589 - AT - Income TaxTDS u/s 194C - default in deducting and paying proper TDS as per law - Disallowance under section 40(a)(ia) - retrospectivity - Held that:- Hon'ble Delhi High Court in the case of CIT vs. Ansal Land Mark Township Private Limited (2015 (9) TMI 79 - DELHI HIGH COURT ) has categorically held that “Second proviso to section 40a(ia) is declaratory and curative in nature and has retrospective effect from Ist April, 2005”. We, therefore, in the interest of justice and fair play, restore this issue to the file of the Assessing Officer for the purpose of limited verification on the aspect as to whether Dainik Bhaskar has included the receipt in its profit and loss account in computing the business income offered to tax and if it is found to be so, the Assessing Officer is directed to delete the disallowance. Needless to say that the Assessing Officer shall provide adequate opportunity of being heard to the assessee.
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