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2015 (5) TMI 183 - ITAT AHMEDABAD

2015 (5) TMI 183 - ITAT AHMEDABAD - TMI - Disallowance u/s 40(a)(ia) - CIT(A) held that amendment in the section are clarificatory and retrospective - Held that:- When there was no dispute that the impugned TDS was deposited before the due date of filing of return then we can hold that the intention behind the amendment u/s.40(a)(ia) was to ensure the deposit of TDS and that the evidence of deposit of tax should be placed along with returned filed. In view of the legal position as discussed here .....

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are reproduced below:- "1. On the facts and in the circumstances of the case and in law, the Id.CIT (Appeals) erred in deleting the addition of ₹ 1,86,94,606/- u/s.40(a)(ia) of the Income Tax Act, 1961, holding that the provisions of section 40(a)(ia) as amended by the Finance Act, 2010 w.e.f. 01.04.2010, are of clarificatory nature and, therefore, retrospective. 2. The Id.CIT(Appeals) erred in not considering the fact that the relevant portion of the Memorandum Explaining the Provis .....

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ssee had not deposited the TDS within the time prescribed. On enquiry, the Assessee has furnished the details of TDS deducted and the dates of payment. The TDS was deducted from transporters, contractors, advertisers, on payment of rent, etc. The undisputed fact as noted by the AO was that the TDS so deducted was deposited before the due date of the filing of the return. We have noted that in the assessment order a chart was reproduced showing details of nature of payment, amount of TDS deducted .....

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s of the case are that AO made disallowance u/s 40(a)(ia) in respect of expenses corresponding to tax deducted at source of ₹ 9,77,707/- upto 28.2.2005 which was not deposited to the credit of Government before 31.3.2005. Though tax deducted at source of ₹ 9,77,707/- was deposited to the credit of Government before due date of filing of return of income, disallowance of ₹ 1,86,94,606/- was made by the AO u/s. 40(a)(ia) as it stood prior to amendment made by Finance Act, 2010. 2 .....

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