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1 - 5 of 5 (0.02 seconds)Commissioner Of Income-Tax vs Bilas Rai Tekriwal on 20 August, 1965
"3. We have heard the rival contentions, perused the material on
record and duly considered facts of the case in the light of the
applicable legal position. We find that the issue as to whether the
disallowance under section 40(a)(ia) can be invoked in a case and
short deduction of tax at source is now covered in favour of the
assessee by the Hon'ble Calcutta High Court decision in the case of
CIT vs. S.K. Tekriwal (361 ITR 432 (Cal)) wherein it is held that
"there is nothing in the said section to treat, inter alia, the assessee
as a defaulter when there is shortfall in the deduction".
Commissioner Of Income Tax vs Upper India Steel Mfg. And Engg. Co. Ltd. ... on 25 September, 2004
Our attention
is also invited to the judgement of Hon'ble jurisdictional High Court in
the case of CIT vs. Prayas Engineering Limited (Tax Appeal
No.1237 of 2014 judgement dated 17.11.2014 wherein their
Lordships have taken the same approach. In this view of the matter
and respectfully following the esteemed views of jurisdictional High
Court, we hold that the A.O. was indeed unjustified in invoking
section 40(a)(ia) of the Act. Accordingly, the A.O. is directed to
delete the impugned disallowance of Rs.15,24,677/-. The assessee
gets the relief accordingly."
The Income Tax Act, 1961
The Finance Act, 2018
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