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Amendment to Section 40(a)(ia) restricting disallowance to 30% is retrospective
Case Law Details
- Case Name
- Muradul Haque Vs ITO (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2014-15
- Courts
- All ITAT, ITAT Delhi
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Muradul Haque Vs ITO (ITAT Delhi)
Finance (No.2) Act has made amendment to section 40(a)(ia) of the Act w.e.f. 01.04.2015. Various benches of the Tribunals including the Delhi Benches of the Tribunal, have held the amendment made by Finance (No 2) Act to be curative in nature. We further finds the coordinate bench of the Tribunal in the case of R.H. International Vs. ITO (supra) has held that disallowance u/s. 40(a)(ia) of the Act be restricted to 30% of the expenses paid as against 100% because amended provision is curative in nature and the provisions should be applied retrospectively. Befor...
pl refer to SC order dated 29.07.2020 in the case of SHREE CHOUDHARY TRANSPORT COMPANY CIVIL APPEAL No. 7865 OF 2009