Disallowance u/s 40(a)(ia)
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
24 February 2012
in my case order u/s 143(3) is passed for A.Y.2009-10 .We had deducted Tds in February 2009 which was paid in June 2009. A.O. has disallowed this exp u/s 40(a)(ia). We have filed the appeal. whether amendment to section 40(a)made from 1-04-2010 is retrospective ? whether the decision of calcutta high court in CIT Vs. Virgin Creations dtd. 23 nov 2011 is applicable to my case if i come uder jurisdiction of Mumbai High court. kindly advise.
24 February 2012
Mumbai ITAT in case of Bharati Shipyard Ltd. vs DCIT [2011] 141 TTJ 129 Special Bench held that the amendments are prospective only.
25 February 2012
Provision of section 40(a)(ia) as amended by Finance Act, 2010 is clarificatory in nature and same is applicable with retrospective effect from 1-4-2005.
Citation:-
Kanubhai Ramjibhai Makwana Vs ITO [2011] 9 taxmann.com 55 (Ahd Tri).
Provision of section 40(a)(ia) as amended by Finance Act, 2010 is clarificatory in nature and same is applicable with retrospective effect from 1-4-2005.
Citation:-
Kanubhai Ramjibhai Makwana Vs ITO [2011] 9 taxmann.com 55 (Ahd Tri).
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- House Property Reporting in ITR
- Refund Annexure-B
- TDS Claim year
- Liable to deduct tds and 44ADA
- TDS Challan Code
- Refund of 20%pre-deposit paid for stay application
- Nomination of Bank for refund in itr 2
- Section 56(2) of the Income tax Act 1961 , Gift to relative .
- Rent lease agreement
- CCFS 2026 Schemed
- Internship/Academic shown in Salary Pay Slip of a Doctor
- E Commerce GSTR1 & 3B how to file
- GST Cancellation without jurisdiction
- Legal Opinion on Registrar's Refusal to Investigate a Society for Non-Renewal and Non-Compliance
- GST Refund_RFD-01
- Form10BD was uploaded successfully without any Error but after 24 hours, Form10BE are not available
- Annexure B utility for GST Refund
- Tax amount diff in Gstr1 and 3B in tax compare reports
- Tds on GST in connection with sale to public company
- Restoration of certificate of practice
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
CAclubindia
