Amendments made in provisions of section 40(a)(ia) by the Finance Act, 2010 are remedial/curative in nature and the same would apply retrospectively w.e.f. Ist April, 2005.
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Amendment in 40a(ia) by finanace Act , 2010 is clarrifactory
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I agree. Special Bench of the Bombay ITAT has decided on similar lines in the case of Babasaheb Nanasaheb Damul Vs. ACIT.
Please can anyone send me a copy of decision on Special Bench of the Bombay ITAT has decided on similar lines in the case of Babasaheb Nanasaheb Damul Vs. ACIT.
I am sending by attachment the decision of the Bombay Special Bench in the case of Babpusaheb Nanasaheb Damul Vs. ACIT, wherein the Hon'ble Bench has held that provision not to disallow under section 40(a)9ia) if the TDS amounts aqre paid before the due date for filing the return of income under section 139(1) has retrospective effect from Apri,2005 onwards.
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