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2023 (5) TMI 53 - AT - Income TaxRevision u/s 263 - Disallowance u/s. 40(a)(ia) - scope of amendment made to section 40(a)(ia) - amount of tax deducted at source is deposited before the due date for filing the return of income - HELD THAT:- As decided in Calcutta Export Co case [2018 (5) TMI 356 - SUPREME COURT] clearly laid down the ratio that the amendment to section 40(a)(ia) with respect allowability of the expenses on which tax is deducted incurred during the year that is remitted to Government account on or before the due date for filing the return of income u/s.139(1) being curative in nature is retrospective. In assessee’s case the tax deducted during the period from 1.10.2008 to 28.2.2009 was credited to the Govt. account during May, 2009 to July, 2009 i.e. before the due date for filing the return of income u/s.139(1). Therefore respectfully following the ratio laid down by the Apex Court, we hold that no disallowance is warranted in assessee’s case for the impugned amount and the disallowance made by the AO is deleted. Appeal by the assessee is allowed.
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