2016 (1) TMI 1263

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..... stated to be effective from 01.04.2013 is to be taken as retrospective in effect and, therefore, as long as recipients of the income have discharged their tax liability, disallowance under section 40a(ia) cannot be made. As we note this legal proposition, we are alive to this fact that the authorities below have not addressed themselves to this aspect of the matter. In view of this legal and factu .....

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..... ssioner of Income Tax (Appeals) has erred in confirming disallowance of ₹ 10,45,400/- made by the learned Assessing Officer under section 40(a)(ia) read with section 194D . 2. Briefly stated, the relevant material facts are like this. The assessee derives income from insurance commission. Out of the commission he so receives, the assessee has claimed to have paid R.10,45,400/- as referral .....

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..... ive from 01.04.2013 is to be taken as retrospective in effect and, therefore, as long as recipients of the income have discharged their tax liability, disallowance under section 40a(ia) cannot be made. As we note this legal proposition, we are alive to this fact that the authorities below have not addressed themselves to this aspect of the matter. In view of this legal and factual position, we dee .....

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