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1 - 10 of 13 (0.22 seconds)Section 201 in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Commissioner Of Income Tax-1 vs Ansal Land Mark Township (P) Ltd on 26 August, 2015
08.03.2016 of Ld. CIT(A). Under second proviso to Section 40(a)(ia) of I.T. Act, there are
statutory provisions to the effect that where an assessee fails to deduct the whole or any
part of the tax in accordance with the provisions of Chapter XVII-B on any such sum but is
not deemed to be an assessee in default under the first proviso to sub-section (1)
of Section 201; then, for the purpose of this sub-clause, it shall be deemed that the
assessee has deducted and paid the tax on such sum on the date of furnishing of return
of income by the resident payee referred to in the said proviso. The question before us, is
whether second proviso to Section 40(a)(ia) of I.T. Act is prospective in application or is to
be applied retrospectively. On the aforesaid question before us, we have the benefit of
guidance from the order of Hon'ble Delhi High Court, in the case of CIT vs. Ansal Land
Mark Township (P.) Ltd. 377 ITR 635 (Delhi) in which the Hon'ble High Court held that
second proviso to Section 40(a)(ia) of I.T. Act is declaratory and curative and it has
retrospective effect from 01.04.2005.
Hindustan Plywood Company (Regd.), New ... vs Assessee on 19 February, 2016
and
Hindustan Plywood Company vs. ITO (supra). The issue in question is squarely covered in
favour of the assessee, in view of these precedents. Therefore, we also hold, respectfully
following theses precedents, that second proviso to Section 40(a)(ia) of I.T. Act is curative
in nature and has retrospectively. Accordingly, in the fitness of things, and also as both
Page 5 of 7
ITA No.- 2885/Del/2016.
The Dcit, Circle- 2(1)(1),, Ahmedabad vs Esaote India (Ns) Limited,, Ahmedabad on 31 July, 2018
); and in DCIT vs. Esaote India (NS) Ltd. 172 ITD 299 (Ahd.)
Section 139 in The Income Tax Act, 1961 [Entire Act]
Section 194A in The Income Tax Act, 1961 [Entire Act]
Section 271C in The Income Tax Act, 1961 [Entire Act]
Pr. Commissioner Of Income Tax vs Ansal Landmark Townships (P) Ltd on 25 August, 2017
Revenue's Special Leave Petition against this order
of Hon'ble Delhi High Court has been dismissed by Hon'ble Supreme Court in CIT vs. Ansal
Landmark Township (P.) Ltd. 242 Taxman 5 (SC).