9911796707
TMI Blog2015 (5) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... 40(a)(ia) was to ensure the deposit of TDS and that the evidence of deposit of tax should be placed along with returned filed. In view of the legal position as discussed hereinabove, we are not inclined to disturb the factual as well as legal finding of learned CIT(A), and the same is hereby confirmed - Decided against Revenue. - ITA No.2466/Ahd/2011 - - - Dated:- 13-3-2015 - Mukul Kumar Shrawa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Provisions in Finance Bill, 2010 clearly states that this amendment is proposed to take effect from 01.04.2010 and will, accordingly, apply in relation to the assessment year 2010-11 and subsequent years. 2. Facts in brief as emerged from the corresponding assessment order passed u/s.143(3) r.w.s. 147 of IT Act dated 10.12.2009 were that the Assessee company has disclosed a return of income at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Authority, it was held that the provision was retrospectively applicable. According to which the Assessee was required to deposit the TDS before the due date of filing of the return, relevant portion of the finding of learned CIT(A) are reproduced below: 2.2 Regarding disallowance u/s 40(a)(ia), facts of the case are that AO made disallowance u/s 40(a)(ia) in respect of expenses corresponding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pectively from 1.4.2005, the date on which section 40(a)(ia) was inserted by the Finance (No.2) Act, 2004. In view of this, even though tax deducted at source of ₹ 9,77,707/- upto 28.2.2005 was not deposited to the credit of Government by 31.3.2005 and was deposited to the credit of Government before due date of filing of return of income as per the assessment order, disallowance of ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the conscientious view that the issue involved is now duly covered by few decisions of the Hon ble Courts. In a situation, when there was no dispute that the impugned TDS was deposited before the due date of filing of return then we can hold that the intention behind the amendment u/s.40(a)(ia) was to ensure the deposit of TDS and that the evidence of deposit of tax should be placed along with ret ..... X X X X Extracts X X X X X X X X Extracts X X X X
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