Disallowance under Section 40(a)(ia) Unjustified Due to Certificate Non-Compliance with Rule 31ACB

DCIT Vs RDB Cars Private Limited (ITAT Jaipur)

ITAT Jaipur held that disallowance u/s 40(a)(ia) of the Income Tax Act for non-deduction of TDS unjustified merely on the allegation that certificate of accountant furnished is not in accordance with Rule 31ACB as such disallowance will lead to double taxation which is against the spirit of law.

Facts- The assessee company filed its return of income for assessment year 2012-13 on 29.09.2012 declaring total income at loss of (-

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