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2017 (2) TMI 735 - AT - Income TaxDisallowance made u/s. 40(a)(ia) - amount payable - Held that:- We direct the AO to delete the addition so made following the principles laid down by the Hon'ble Special Bench of ITAT in the case of Merilyn Shipping and Transport Ltd., Vs. ACIT [2012 (4) TMI 290 - ITAT VISAKHAPATNAM] wherein held section 40(a)(ia) is applicable only to expenditure which is payable as on 31st March of every year and cannot be invoked to disallow the amounts which are already been paid during the previous year, without deducting tax at source – Decided in favor of assessee.
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