2017 (5) TMI 301

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..... urt in the case of Commissioner of Income Tax, Ahmedabad Versus Omprakash R. Chaudhary [2015 (2) TMI 150 - GUJARAT HIGH COURT] by which the view has been taken that the amendment made in section 40 (a)(ia) of the Income Tax Act, 1961 by Finance Act 2010 is retrospective in operation and having effect from 1st April 2005 i.e. from the date of insertion of Section 40 (a)(ia) of the Act. It is report .....

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..... has dismissed the said appeal preferred by the revenue and confirmed the order passed by the learned CIT(A) deleting disallowance made under section 40(a)(ia) of the Income Tax Act, 1961, revenue has preferred the present Tax Appeal with the following proposed question of law :- (A).Whether, on the facts and in the circumstances of the case and in law, the ITAT was justified in deleting disa .....

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..... in section 40 (a)(ia) of the Income Tax Act, 1961 by Finance Act 2010 is retrospective in operation and having effect from 1st April 2005 i.e. from the date of insertion of Section 40 (a)(ia) of the Act. 3.00. It is reported that decision of the Division Bench of this court in the case of Omprakash R. Chaudhary (supra) has been approved by the Hon'ble Supreme Court subsequently. 4.00. In .....

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