February 2019

Business expenditure Disallowance u/s. 40(a)(ia) Payments liable to TDS Effect of insertion of second proviso to section 40(a)(ia) Declaratory and curative and applicable retrospectively w.e.f. 01/04/2005 Payee offering to tax sum received in its return Disallowance not attracted

K. B. Bhujle
Advocate

42.  Principal CIT vs. Shivpal Singh Chaudhary; 409 ITR 87 (P&H) Date of order: 5th July, 2018 A. Y. 2012-13 Sections 37, 40(a)(ia) and 201(1) of ITA 1961

 

Business expenditure Disallowance u/s. 40(a)(ia) Payments liable to TDS Effect of insertion of second proviso to section 40(a)(ia) Declaratory and curative and applicable retrospectively w.e.f. 01/04/2005 Payee offering to tax sum received in its return Disallowance not attracted

 

For the A. Y. 2012-13, the Assessing Officer had made certain disallowance u/s. 40(a)(ia) of the Act being amount paid to a construction company for job work on the ground that tax was not deducted at source. The assessee had filed confirmation from the payee that the payment made by the assesse to it had been shown in its return.

 

The Commissione

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