9911796707
TMI Blog2017 (3) TMI 388X X X X Extracts X X X X X X X X Extracts X X X X ..... overed by the decision of Division Bench of this Court in Tax Appeal No. 412 of 2013 and other allied matters, by which it is held that the amendment made under Section 40 [a](ia) of the Act, brought out by the Finance Act 2010 w.e.f 1st April 2010 is having retrospective effect. See CIT-Ahmedabad IV Versus Omprakash R. Chaudhary [2015 (2) TMI 150 - GUJARAT HIGH COURT] Thus cannot be said tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osed question of law : [A] Whether on the facts and in the circumstances of the case, the ITAT was right in law in directing the AO to delete addition made on account of disallowance u/s. 40[a] (ia) of the IT Act, without appreciating the fact that the amendment to Section 40 [a](ia) is clarificatory and not to be treated retrospectively w.e.f 1st April 2005 ? 2. The facts leading to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were debited in the Profit Loss account of ₹ 1,41,99,565/- minus the creditors, who were liable for TDS was ₹ 47,31,603/-, and therefore, the balance of ₹ 94,67,962/- which was liable for TDS and on which the assessee has to deduct TDS on the amount of ₹ 94,67,962/- which was to be paid in the Government account before March 2007. Thus, the Assessing Officer disallowed an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned Tribunal has deleted the addition made u/s. 40[a](ia) of the Act by observing that the income amounting to ₹ 75,63,523/- was deducted and deposited by the assessee. 5. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Tribunal in deleting the addition made u/s. 40[a](ia) of the Act, the Revenue has preferred the present Tax Appeal with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id facts and circumstances and the decision of the Division Bench of this Court in Tax Appeal No. 412 of 2013 and other allied matters, it cannot be said that the learned Tribunal has committed any error in deleting the addition made on account of disallowance made under Section 40 [a](ia) of the Act. 9. No substantial question of law arises. Hence, the present Tax Appeal deserves to be dismiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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