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TMI Blog2017 (5) TMI 1705X X X X Extracts X X X X X X X X Extracts X X X X ..... llenging the order dated 30.01.2014 of CIT (Appeals)-31, Mumbai, the Assessee has filed the present appeal.Assessee,-firm filed its return of income on 03.03.2007,declaring total income at Rs. 24.29 lakhs. The Assessing Officer (A.O.) completed the assessment on 26. 12.2007 at Rs. 8.68 crores. He made disallowance 40(a)(ia) on account of late payment of TDS(Rs. 7.86 crores),interest suspense accou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the filing of the return,that as per the Circular no.10/DV/2013 dated 16.12.2013 issued by the CBDT the provisions of Section 40(a)(ia) would cover not only amounts as payable on last date of any previous year but also amounts which were payable at any time during the year, that the assessee had not furnished evidence of TDS payment with reference to the amount of Rs. 7.82 Crores that no ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Departmental Representative (DR) stated that amendment to the section was prospective. He referred to the case of Thomas George Muthoot (235taxman246). In his rejoinder the AR argued that the amendment to section 40(a)(ia) in the year 2014 was introduced to reduce hardship caused to the assessee, that the Tribunal in the case of amruta Quarry Works(supra), had held that amendment to section 40(a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n had to be restricted to 30% of the impugned expenditure. Respectfully following the above orders of the Tribunal, we hold that disallowance should be restricted to 30% effective Ground of appeal is decided in favour of the assessee in part. As the appeal for the subsequent AY.is not before us, we are not passing any order in that regard. As a result appeal filed by the assessee stands partly a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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