| COURT: | ITAT Bangalore |
| CORAM: | Jason P. Boaz (AM), N. V. Vasudevan (JM) |
| SECTION(S): | 40(a)(ia), second proviso |
| GENRE: | Domestic Tax |
| CATCH WORDS: | TDS disallowance |
| COUNSEL: | Narendra Sharma |
| DATE: | October 10, 2014 (Date of pronouncement) |
| DATE: | October 28, 2014 (Date of publication) |
| AY: | 2005-06 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| Second proviso to s. 40(a)(ia) inserted w.e.f. 1.4.2013 should be treated as retrospectively applicable from 1.4.2005 and no disallowance for want of TDS can be made if payee has paid tax thereon. Assessee must be given opportunity to file Form 26A | |
The undisputed fact is that the assessee has not deducted tax at source on the payments made to Uday Kumar Shetty. The fact that the payee has accounted for these payments in his books of account, financial statements and the …
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