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2017 (4) TMI 525 - HC - Income TaxRetrospectivity of amendment to Section 40(a)(ia) by the Finance Act, 2010 - Held that - As the various High Courts have already taken a view on this very issue and in the absence of any reasons to take a different view, we see no reason to discard the same. Thus, the amendment to Section 40 (a)(ia) of the Act by Finance Act, 2010 is retrospective with effect from 1st April, 2005 as held by various High Courts.
Issues involved:
Interpretation of Section 40(a)(ia) of the Income Tax Act, 1961 as amended by the Finance Act, 2010 - Retrospective application of the amendment. Analysis: The High Court of Bombay heard an appeal challenging the order of the Income Tax Appellate Tribunal (the Tribunal) dated 16th January, 2014, concerning the Assessment Year 2009-10. The main issue raised was whether the Tribunal was correct in holding that the amendment to Section 40(a)(ia) of the Act by the Finance Act, 2010 had retrospective effect. The Tribunal's decision was based on the order of its Coordinate Bench and the decision of the Calcutta High Court in a similar case. The Tribunal upheld that any tax deducted at source should be deposited with the state exchequer before the due date of filing the return of income to avoid disallowance of expenditure claims. The High Court noted that other High Courts, including Delhi, Gujarat, and Karnataka, had also held that the amendment to Section 40(a)(ia) of the Act by the Finance Act, 2010 was retrospective. The reasoning behind this was that the provision was considered a machinery provision, making it appropriate for retrospective application. The Court found no reason to depart from the views of other High Courts and concluded that the amendment was indeed retrospective from 1st April, 2005, as held by various High Courts. The appellant's counsel failed to provide any valid reasons to challenge the views of the other High Courts. Therefore, the High Court dismissed the appeal, stating that the question raised did not give rise to any substantial question of law. Consequently, no costs were awarded in this matter.
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