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2019 (9) TMI 850 - AT - Income TaxDisallowance u/s 40(a)(ia) - non-deduction of TDS on payment of interest - Assessee’s case is that the aforesaid interest paid by the assessee has been considered as income by M/s. Sun Infrastructure Pvt. Ltd., in its return of income and has also paid taxes on the same - HELD THAT:- Decision of CIT Vs. Ansal Land Mark Township Pvt. Ltd. [2015 (9) TMI 79 - DELHI HIGH COURT] held that insertion of second proviso to Sec.40(a)(ia) of the Act is declaratory and curative in nature and has retrospective effect from 01.04.2005. CIT(A) relying on the decision in the case of CIT Vs. Ansal Land Mark Township Pvt. Ltd., (supra) has given a finding that M/s. Sun Infrastructure Pvt. Ltd., has included the amount of interest paid by the assessee in its return of income and has paid taxes on the same. Considering the aforesaid facts, CIT(A) has rightly deleted the addition - Decided in favour of assessee.
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