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disallowance u/s 40(a)(i)

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vpr99 (Querist)
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09 August 2010 Whether any one can say regarding sec 40 (a) (i), tds deducted upto feb&mar were paid after fy,is it disallowance for the fy 2009-10.i have a concern it is not a disallowance for the fy 2009-10, if it is paid before due dt of filing the return u/s 139(1).Please let me know the latest amendment applicable to which fy.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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09 August 2010 Expenses covered under 40(a)(i) will be allowed only in the year in which such tax has been paid. Hence expenses will be disallowed in f.y 2009-10.
But as far as expenses covered under section 40(a)(ia) is concerned, such expenses will be allowed as an expenses if paid on or before the due date of filing the return under section 139(1).This amendment is w.e.f 1/4/2010 meaning thereby it is applicable from assessment year 2010-11.

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