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No Disallowance U/s. 40(a)(ia) if TDS been Paid Before due date of Income Tax Return
Case Law Details
- Case Name
- Assistant Commissioner of Income Tax Vs. Shri M.K. Gurumurthy (ITAT Bangalore)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2008-09
- Courts
- ITAT Bangalore
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Special Bench Mumbai in the case of Bharti Shipyard Ltd. v. DCIT(132 ITD 53) relied by the ld. DR is concerned, although that decision may support the revenue’s case, particularly the observations in para 25 of the decision which read as under:-
“The amendment to s. 40(a)(ia) by the Finance Act, 2010 has been specifically made retrospectively applicable from the asst. yr. 2010-11. It has nowhere been expressly set out that the amendment is curative or merely declaratory of the previous law. The intention of the legislature as gathered from the Notes on Clauses and the Memo...
A.O. disallow wages paid to karigar, U/s.40(a)(ia), This karigar not contract job workers. Unless the wages paid to each karigar employee exceed the basic exemption limit therein no liability on the employer to deduct tax at source from their wages U/s.194C(2). pls give me any other judment for addition deleted by A.O.