TMI Blog2015 (10) TMI 1413X X X X Extracts X X X X X X X X Extracts X X X X ..... AT AGRA] has held that "the provisions of Section 40(a)(ia), as they existed prior to insertion of second proviso thereto, went much beyond the obvious intentions of the lawmakers and created undue hardships even in cases in which the assessee's tax withholding lapses did not result in any loss to the exchequer". Therefore, the Tribunal held that insertion of second proviso is a curative amendment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at dated 17.9.2008. 2. This appeal was disposed of by the Tribunal vide order dated 5.10.2012 passed in ITA No.3826/Ahd/2008 in Asstt.Year 2005-06. The Tribunal restricted the disallowance to ₹ 4,85,252/- being the amount payable as on 31.3.2005 in place of ₹ 50,27,336/- sustained by the CIT(A) under section 40(a)(ia) of the Act. The Revenue carried the matter in appeal before the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision of section 40(a)(ia) of the Act. 4. On appeal, the CIT(A) restricted the disallowance to ₹ 50,27,336/- on the basis of the details filed by the assessee after reducing the amounts being less than ₹ 20,000/- prior to 1.10.2004 and ₹ 50,000/- after 1.10.2004. 5. The DR relied on the order of the AO. 6. The AR of the assessee filed adjournment petition for adjournment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her that where an assessee fails to deduct the whole or any part of the tax in accordance with the provisions of Chapter XVII-B on any such sum but is not deemed to be an assessee in default under the first proviso to sub-section (1) of section 201, then, for the purpose of this sub-clause, it shall be deemed that the assessee has deducted and paid the tax on such sum on the date of furnishing of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er to the file of the AO for readjudication of the issue afresh in light of the discussion made hereinabove, after allowing reasonable and proper opportunity of hearing to the assessee. Thus, this ground is allowed for statistical purpose. 8. In the result, this ground of the appeal of the assessee is allowed for statistical purpose. (Order pronounced in the Court on the 10.4.2015) - - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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