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2018 (8) TMI 1714 - AT - Income TaxAddition on account of provision made for unascertained Royalty liability - maintainability towards claim on account of royalty expenses - Held that:- A perusal of the order of the CIT(A) provides an apparent justification for allowability of royalty expenses in the subsequent assessment year as and when the payment is made. The action of the CIT(A) is manifestly in tune with the law and thus, the Revenue cannot be said to be aggrieved on this score. We therefore do not seek to reiterate the findings of the CIT(A) while endorsing the same. We thus decline to interfere. TDS u/s 194A - Addition in respect of interest paid to a NBFC without deduction of tax - Scope of amendment to Section 40(a)(ia) - whether the proviso inserted by Finance Act 2012 with effect from 1.7.2012 is not applicable for AY 2011-12 but for next assessment year onwards only - Held that:- We find that similar issue was under consideration before the co-ordinate bench in the case of Dipak r. Gondaliya vs. ITO [2016 (3) TMI 1316 - ITAT AHMEDABAD] amendment of second proviso to Section 40(a)(ia) which has been held to have a retrospective effect by the Hon'ble High Court of Delhi in the case of Ansal Landmark Township Pvt. Ltd.[2015 (9) TMI 79 - DELHI HIGH COURT] - in the interest of justice and fair play, we restore this issue to the files of the A.O. The assessee is directed to furnish necessary evidences to show that the payee has filed returns and offered the sum received to tax. The A.O is directed to verify the same and decide the issue
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