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TMI Blog2022 (8) TMI 1076X X X X Extracts X X X X X X X X Extracts X X X X ..... ther the payee has already offered the amount as income in the Return of Income and make appropriate disallowance pursuant to the verification thereon. Appeal filed by the Revenue is allowed for statistical purpose. - ITA No. 620/Ahd/2019 - - - Dated:- 24-8-2022 - Shri Waseem Ahmed, Accountant Member And Shri T.R. Senthil Kumar, Judicial Member For the Appellant : Shri Atul Pandey, Sr. D.R. For the Respondent : Shri P.F. Jain, C.A. ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- The present appeal has been filed by the Revenue against the order dated 22.01.2019 passed by the Commissioner of Income Tax (Appeals)-3, Ahmedabad, as against the Assessment order passed under section 154 of the Income Tax Act, 1961 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llows: 3.7. I have gone through the facts and the submission of the appellant carefully. Keeping in view the purpose behind the proviso inserted by the Finance Act, 2012 in section 40(a)(ia) of the Act, it can be said to be declaratory and curative in nature and therefore, should be given retrospective effect from 1-4-2005, being the date from which sub-clause (la) of section 40(a) was inserted by the Finance (No. 2) Act, 2004 as held in the case of Ansal Landmark Township P. Ltd. [ITA 160/2015 Delhi High Court. Hon'ble Ahmedabad ITAT in the case of Forhberg Reality Pvt. Ltd. (ITA No. 2066/Ahd/2014) vide its order dated 12/12/2014 has directed A.O. to decide the issue as per decision of Hon'ble Delhi High court in the case of An ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he limited argument of the Ld. D.R. is that the Ld. CIT(A) ought not to have deleted the addition made u/s. 40(a)(ia) of Rs. 14,95,961/-, when he has directed the A.O. to take action in the case of the assessee u/s 201 (1A) of the Act for the payment of interest for the period from the date on which such tax was deductible on the above amount to the date of furnishing of the Return of Income by the Deductee. Further more, the Ld. CIT(A) directed the Assessing Officer to verify the above facts that payee has already offered the above amount as income in the Return of income, then the disallowance made u/s. 40(a)(ia) does not survive. 5. Per contra the ld. Authorized Representative appearing for the assessee could not produce before us the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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