2012 (6) TMI 296 - AT - Income Tax

Whether amendment made to the provisions of section 40a(ia) by the Finance Act, 2010 would apply with retrospective effect from 1.4.2005 or w.e.f 1.4.2010 - Held that - Amendment to the provisions of Sec.40(a)(ia) by the Finance Act 2010 is applicable retrospectively from 1.4.2005. Consequently any payment of tax deducted at source on or before the due date for filing return of income u/s 139(1) can not be disallowed in terms of provisions of Section 40a(ia) - Decided against Revenue.

Summary

Issues:
1. Retrospective applicability of section 40(a)(ia) of the Income-tax Act.
2. Right to amend grounds of appeal during the hearing.

Analysis:

Issue 1: Retrospective applicability of section 40(a)(ia) of the Income-tax Act

The appeal by the Revenue questioned the retrospective application of section 40(a)(ia) of the Income-tax Act, as amended by the Finance Act, 2010, with effect from 01.04.2010. The Assessing Officer disallowed an amount deposited beyond the stipulated time by the assessee, invoking the provisions of sec. 40(a)(ia) of the Act. The assessee argued that the proviso to section 40(a)(ia) inserted by the Finance Act, 2010, applied retrospectively from 1.4.2005, and since the TDS was deposited before the due date of filing the return, no disallowance could be made. The CIT(A) allowed the claim based on the decision of ITAT Ahmedabad Bench, holding the proviso applicable retrospectively from 1.4.2005. The Revenue appealed, citing decisions of the Calcutta High Court and other coordinate Benches. The Tribunal noted conflicting decisions but ultimately followed the Calcutta High Court decision, ruling that the amendment was applicable retrospectively from 1.4.2005. As the assessee had deposited TDS before the due date for filing the return, the disallowance was not upheld.

Issue 2: Right to amend grounds of appeal during the hearing

The appellant reserved the right to amend, modify, alter, add, or forego any ground(s) of appeal at any time before or during the hearing. No additional grounds were raised during the appeal, and the Tribunal dismissed the appeal based on the retrospective applicability of section 40(a)(ia) of the Income-tax Act. No further plea or argument was presented, leading to the dismissal of the appeal.

In conclusion, the Tribunal upheld the retrospective applicability of the relevant section of the Income-tax Act, leading to the dismissal of the Revenue's appeal. The right to amend grounds of appeal during the hearing was acknowledged but not exercised in this case.