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Amendment to Section 40(a)(ia) is retrospective in nature
Case Law Details
- Case Name
- Commissioner of Income Tax XIII Vs Naresh Kumar (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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Issue – Whether amendment to Section 40(a)(ia) extending the period of payment till due date of filing of return, for claiming deduction is retrospective in nature or not.
High Court placed reliance on same bench ruling in CIT vs. Rajinder Kumar (ITA No. 65/2013) wherein it was held that “the amended Section 40(a)(ia) expands and further liberalises the statute when it stipulates that deductions made in the first eleven months of the previous year but paid before the due date of filing of the return, will constitute sufficient compliance”. Accordingly, rely...
