Disallowance for non-deduction of TDS of RPC fee unsustainable in terms of second proviso to section 40(a)(i)

Jaiprakash Associates Ltd Vs DCIT (ITAT Delhi) ITAT Delhi held that no part of the RPC fee is liable to be disallowed in terms of clause (i) of s. 40(a) because the second proviso clause (i) of Section 40(a) being curative and declaratory in nature has to be given retrospective effect. Facts- The short question arising for consideration in the appeals for A.Y. 2012-13, 2013-14 & 2014-15 is regarding disallowance under Clause (i) of Section 40 (a) in respect of RPC fees paid to Formula One World Championship Ltd. to UK without deducting the tax. It is the specific case of the assessee is th...