2014 (6) TMI 1013 - HC - Income Tax

Retrospectivity of amendment brought in section 40(a)(ia) - no disallowance u/s 40(a)(ia) required to be made as held by CIT(A) - belated deposit of TDS - Held that - The Tribunal has followed its own judgment, by which, identical issue has been decided against the Revenue when the assessee, though deducted TDS before 31st March, 2005, relevant to A.Y. 2005-06, relating to expenditure claimed for the assessment year under consideration and paid the said amount to the Central Government before the due date of filing the return of income for A.Y. 2005-06, that expenditure cannot be disallowed u/s. 40(a)(ia) of the Act. If it is so, the CIT(A) is justified in allowing claim of the assessee. - Decided in favour of assessee. Hence, this appeal is also dismissed.

Summary

The High Court of Telangana and Andhra Pradesh dismissed the appeal as the Tribunal had previously ruled against the Revenue on the same issue. Any pending petitions were also dismissed with no costs.