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No Disallowance for non deduction of TDS if recipient of income paid tax on the same
Case Law Details
- Case Name
- Rajeev Kumar Agarwal Vs Additional Commissioner of Income Tax (ITAT Agra)
- Appeal Number
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- Date of Judgement/Order
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Nischal Agarwal
Second proviso to Section 40(a)(ia) is retrospective- No Disallowance for non deduction of TDS if recipient of income paid tax on the same- Relief to Tax Payers as second proviso to Section 40(a)(ia) declared retrospective
Reliance in this regard can be placed on the decision of Hon’ble Tribunal (Agra) in case of Rajeev Kumar Agarwal vs CIT (ITA No. 337/Agra/2013) pronounced on 29th May 2013 wherein the AO disallowed interest payments made without deducting TDS under Section 194A of the Act. The assessee, inter alia, contended that in view of the insertion made by Finance Act...
