Section 40(a)(ia)

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sanjay singhal (Querist)
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14 September 2013 Section 40(a)(ia) is applicable only in respect of TDS default if amount is payable. If amount is actually paid and tax is not deducted under the specified sections, section 40 (a)(ia) in not applicable.

Is it true or not discuss?

CA Sanjay Singhal

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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14 September 2013 Please refer the Special bench tribunal decision in

Merilyn Shipping & Transport Ltd reported in 136 ITD 23

where in it was held that section 40(a)(ia) applied only to amounts that were “payable” as at the end of the year and not to amounts that had already been “paid” during the year.

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