Amendment to s. 40(a)(ia) retrospective from 1.4.2005

The question now is as to whether to follow the decision of the Hon’ble Special bench in the case of Bharati Shipyard Ltd vs. DCIT (ITAT Mumbai) which has taken the view that Amendment by the Finance Act, 2010 to the provisions of Sec.40(a)(ia) of the Act is prospective and not retrospective from 1.4.2005 or the decision of the Hon’ble Calcutta High Court taking a contrary view.

On the above question, the learned counsel for the Assessee brought to our notice the decision of the ITAT Delhi in the case of Tej Intern

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