2016 (8) TMI 1310

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..... if the payees have included the subject mentioned receipts in their books/returns of income, then second proviso to section 40(a)(ia) of the Act should have to be invoked and no disallowance u/s. 40(a)(ia) of the Act could be made. . We also find that the provisions of section 40(a)(ia) of the Act has been held to be retrospective in operation by the decision of the Hon’ble Delhi High Court in the .....

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..... Appellate Tribunal, B Bench, Kolkata allowed an appeal preferred by the assessee registered as ITA No. 1186/Kol/2014 pertaining to the assessment year 2009-2010 by remanding the matter to the Assessing Officer. The order passed by the learned Tribunal reads as follows:- In view of the aforesaid decision of Hon ble Delhi High Court in the case of CIT vs Ansal Land Mark Township (P) Ltd (supra .....

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