TDS – Special Bench verdict on S. 40(a)(ia) in Merilyn Shipping is not good law

HIGH COURT OF CALCUTTA Special Jurisdiction (Income Tax) COMMISSIONER OF INCOME TAX Versus MD. JAKIR HOSSAIN MONDAL ITAT No. 31 of 2013 G.A. No.320 of 2013 Date of Pronouncement : 4th April, 2013. The Court The Assessing Officer added the sum of Rs.31,59,870/- to the returned income of the assessee because the aforesaid sum was shown to have been incurred on account of freight charge, but no TDS was deducted. Therefore, the addition was made invoking section 40(a)(ia) of the I.T. Act, 1961. Aggrieved by the order of the Assessing Officer,the assessee preferred an appeal. The...