Despite s. 194C TDS Default, No Section. 40(a)(ia) Disallowance: ITAT B'Lore

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From: editor@itatonline.org <itatonline.org@gmail.com>
Date: Fri, May 11, 2012 at 1:57 PM
Subject: Message from EGroup of SolapurCAs Despite s. 194C TDS Default, No s. 40(a)(ia) Disallowance: ITAT B'Lore
To: editor@itatonline.org

 

Dear Subscriber,

 

The following important judgement is available for download at itatonline.org.

ACIT vs. Shri M.K. Gurumurthy (ITAT Bangalore)

S. 194C default does not result in s. 40(a)(ia) disallowance if TDS paid before ROI due date

 

For AY 2008-09, the assessee made payments to contractors from April 2007 to February 2008. However, the TDS thereon was deducted (belated) in March 2008 and paid before the due date for filing the ROI. The AO disallowed the payments u/s 40(a)(ia) though the CIT (A), relying on Bapusaheb Nanasaheb Dhumal, allowed the claim on the ground that as the TDS was (belatedly) deducted in March 2008, it could be paid before the due date for filing the ROI. On appeal by the department, HELD dismissing the appeal:

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Regards,

Editor,