No Section 40(a)(ia) for Non TDS deduction if Payee paid tax to government

Sai Pushpa Sharada Alliance Vs ITO (ITAT Pune) Second proviso to section 40(a)(ia) is retrospective in nature and in such circumstances, on application of that proviso if the payee has paid the tax to the government account then the payer cannot be held liable for non deduction of TDS and no disallowance would be warranted u/s.40(a)(ia) of the Act. The Ld. AR has placed before us the additional evidences and necessary certificates from C.A. demonstrating that the taxes have been paid by the payee on the amount received as interest from assessee. These facts needs to be verified and established...