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2017 (12) TMI 918 - AT - Income TaxDisallowance u/s 40(a)(ia) - non deduction of tds on interest payment from unsecured loans - main contention of the ld.A.R is that the recipient of the payments had offered the income for taxation, as such there is no necessity to deduct tax on payment of interest - Held that:- It is noticed that this issue is squarely covered by the judgement of Delhi High Court in the case of Ansal Landmark Township [2015 (9) TMI 79 - DELHI HIGH COURT] as long as the payee/resident (which in this case is APIL) has filed its return of income disclosing the payment received by and in which the income earned by it is embedded and has also paid tax on such income, the assessee would not be treated as a person in default. Thus remit this issue to the file of the Assessing Officer for fresh consideration in the light of above judgment. The ground raised by the assessee u/s.40(a)(ia) of the Act is partly allowed for statistical purposes.
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