TMI Blog2015 (11) TMI 1731X X X X Extracts X X X X X X X X Extracts X X X X ..... plated by the first proviso viz. deduction and payment of tax in a subsequent year would never come about. Such unintended consequence has been sought to be taken care of by the second proviso inserted in section 40(a)(ia) by the Finance Act, 2012. AO while passing an order under section 201(1)/201(1A) of the IT Act for the impugned assessment year 2009-10 took the view that the assessee is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the provisions of section 40(a)(ia) has been amended by the Finance Act, 2012 by which a proviso has been added which reads as under :- Provided further 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 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, the second proviso although inserted with effect from 1st April, 2013 is curative in nature and has retrospective effect. In this case, this Tribunal respectfully following the decision of Hon ble Kolkata High Court in case No. 302 of 2011, GA 3200/2011, CIT vs. Virgin Creations took the view that where in any subsequent year in which the tax has been deducted and deposited, the intent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 261 even though state that the amendment will take effect from 1st April, 2013 but this amendment, in my opinion, is retrospective in operation. The Hon ble Delhi High Court has also taken the similar view in the case of Ansal Land Mark Township (P) Ltd. vs. CIT [CM Appl. No. 3774 of 2015 in ITA No. 160 of 2015]. The AO while passing an order under section 201(1)/201(1A) of the IT Act for the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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