TMI Blog2013 (7) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... filed, the section came to be amended, giving retrospective benefit. Therefore, the appellate authority extended the benefit of the amended provision and held that the disallowance is paid and the order has been upheld by the Tribunal. Therefore, by the Finance Act, 2008, which is given retrospective effect from April 1, 2005, the benefit of that provision had been extended to the assessee, though the assessment order passed initially cannot be found fault. With the change of law, when the effect of the amendment is to give benefit to the assessee, the appellate authority and the Tribunal were justified in extending the said benefit. In that view of the matter, the order passed by the Tribunal is in accordance with law and does not cal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of Rs.41,14,270 and Rs. 1,80,599 made by him under section 40(a)(ia) of the Act. Aggrieved by the said order, the Revenue preferred an appeal to the Tribunal, contending that the appellate authority failed to see the provision contained in section 194C(1) as per which the assessee was liable to deduct tax at source during every month of payment from April, 2004, to February, 2004, at the time of credit or actual payment, whichever is earlier. The Tribunal, after explaining the effect of the amendment by the Finance Act, 2008, held that the tax deducted during the last month of the previous year, on or before the due date specified in sub-section (1) of section 139, if they are credited within the time specified in sub-section (1) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s payable within two months. Admittedly, in the instant case, the assessee did not comply with the legal requirement. However, the assessing authority was justified in making the disallowance, but on the date the appeal was filed, the section came to be amended, giving retrospective benefit. Therefore, the appellate authority extended the benefit of the amended provision and held that the disallowance is paid and the order has been upheld by the Tribunal. Therefore, by the Finance Act, 2008, which is given retrospective effect from April 1, 2005, the benefit of that provision had been extended to the assessee, though the assessment order passed initially cannot be found fault. With the change of law, when the effect of the amendment is to g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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