2014 (1) TMI 136

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..... ified in subsection (1) of Section 139 of the Act - The amendment came into effect from 1.04.2010. This is clearly erroneous in as much as Section 40(a)(ia) was amended by the Finance Act, 2008 with effect from 01.05.2005 whereby the words “on or before the due date specified in subsection (1) of Section 139” was substituted by the words, “has not been paid during the previous year, or in the subs .....

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..... ective effect from A.Y. 2010-11 cannot be held to be retrospective from A.Y. 2005-06 ? Issue pertains to deduction of tax at source, which the assessee did deduct, as required before 31st March 2006. The same was, however, deposited with the Revenue on 30th May 2006. We are concerned with the Assessment Year 200607. Revenue contends that such deposit of the tax at source was beyond the time pre .....

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..... te specified in subsection (1) of Section 139 of the Income Tax Act for filing the return. In these circumstances, we are of the opinion that the Income Tax Appellate Tribunal [hereinafter referred to as, the Tribunal ] has rightly interpreted the provision of Section 40 (a)(ia) and particularly, subclause (A) thereof which clearly gives the time to the assessee to deposit the TDS on or before .....

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