Section 40(a)(ia) couldn’t be made applicable to short deduction of TDS: Uttarakhand HC

CIT Vs Samsung Heavy Industries Company Limited (Uttarakhand High Court) Uttarakhand High Court held that Section 40(a)(ia) of the Income Tax Act, 1961 cannot be made applicable to short deduction of tax at source and the disallowance made was rightly directed to be deleted. Accordingly, writ of revenue dismissed. Facts- Samsung Heavy Industries Company Limited (respondent) filed its return of income u/s. 139(1) of the Income Tax Act, 1961 on 29.09.2012, declaring an income of ₹51,79,380/-. The return was selected for scrutiny assessment and the final assessment order was passed under Sectio...