| COURT: | P&H High Court |
| CORAM: | G. S. Sandhawalia J., S. J. Vajifdar CJ |
| SECTION(S): | 40(a)(ia) |
| GENRE: | Domestic Tax |
| CATCH WORDS: | TDS disallowance |
| COUNSEL: | Ravish Sood |
| DATE: | April 29, 2015 (Date of pronouncement) |
| DATE: | June 30, 2015 (Date of publication) |
| AY: | 2005-06 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 40(a)(ia): Argument that the disallowance for want of TDS can be made only for amounts "payable" as of 31st March and not for those already "paid" is not correct. In Liminie dismissal of SLP in Vector Shipping does not mean Supreme Court has confirmed the view of the HC. However, ITAT to consider whether payees have already paid tax | |
The argument that section 40(a)(ia) applies only to amounts which are “payable” and not to amounts that are already “paid” is also not acceptable (Commissioner of Income Tax vs. Crescent Export Syndicate (2013) 216 Taxman 258 (Cal) and Commissioner of Income Tax vs. Sikandar Khan N. Tunwar (2013) 357 ITR 312 (Guj) followed)
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