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2018 (4) TMI 29 - AT - Income TaxApplicability of provisions of section 40(a)(ia) to the purchase of capital assets - Held that:- This issue is now covered by the decision of the Hon’ble Punjab & Haryana High Court in the case of CIT vs. Mark Auto Industries Ltd.(2013 (1) TMI 448 - PUNJAB AND HARYANA HIGH COURT) wherein held that in absence of any requirements in law for making deduction of tax at source on expenditure incurred on technical know-how which was capitalized, disallowance under the provisions of section 40(a)(ia) cannot be made. Assessing Officer was not justified in making disallowance u/s 40(a)(ia) on account of alleged failure to deduct tax at source on purchase of software capitalized in books of account. - Decided in favour of assessee.
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