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The Commissioner of Income Tax Versus M/s. PLR Projects Pvt Ltd

2015 (11) TMI 1211 - ANDHRA PRADESH HIGH COURT

Disallowance made u/s.40(a)(ia) - non deduction of tax at source towards sub-contracting of work of the joint venture? - ITAT deleted the disallowance holding that the insertion of second proviso to Section 40(a)(ia) by Finance Act, 2012 with effect from 01.04.2013 is retrospective in operation - Held that:- The Tribunal, as a matter of fact, found that a sum was not received by the assessee from the Department and that payment was made over directly to one M/s.Kranti Constructions, who are sub- .....

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40(a)(ia) itself would not arise. This finding of fact is not challenged before us. Hence, the appeal is liable to be dismissed on this ground alone.

However, the Tribunal, having rendered a finding that the facts of the case under Section 40(a)(ia) could not be invoked, went on to discuss the retrospective effect given to Section 40(a)(ia) by Finance Act, 2012 with effect from 01.04.2013 while relying on the order of Antony D. Mundackal v. A.C.I.T. [2013 (12) TMI 67 - ITAT COCHIN]. I .....

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t. JUDGMENT ( Per Honble Sri Justice Challa Kodanda Ram ) 1. This appeal filed by the Revenue under Section 260-A of the Income Tax Act, 1961 (for brevity the Act) arises out of the Order dated 12.03.2014 in I.T.A.No. 1079/H/2013 passed by the Income-Tax Appellate Tribunal (for brevity the Tribunal), Hyderabad Bench A, Hyderabad relating to the assessment year 2007-2008. The following substantial questions of law are said to be arising from the orders of the Tribunal for adjudication: 1. Whether .....

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40(a)(ia) by Finance Act, 2012 with effect from 01.04.2013 is retrospective in operation? 2. Heard Sri J.V.Prasad, learned Senior Standing Counsel for the Income-Tax Department appearing for the appellant and perused the material placed on record. As we are not inclined to admit this case on account of the finding of facts given by the Tribunal, the matter is being disposed of at the admission stage. 3. The Tribunal, as a matter of fact, found that a sum of ₹ 1,52,09,336/- was not receive .....

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