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Pr. Commissioner Of Income Tax vs Ansal Landmark Townships (P) Ltd on 25 August, 2017

5. When a query was put to the learned Sr. DR, he could not controvert the above proposition. After hearing both the sides and going through the facts that the assessee has filed form No. 26A before us for the first time as additional evidence which need verification. In case the payee has included the said income in his return of income and paid the tax due thereon, there will be no disallowance under section 40(a)(ia) of the Act in the case of the assessee. Hence, we admit this issue and direct the AO to verify the same. We find that this issue is squarely covered in favour of the assessee by the decision of Hon'ble Delhi High Court in the case of Ansal Landmark Township Pvt. Ltd. (supra), the AO will delete this disallowance after verifying the facts. Needles to say, the issue being covered in favour of assessee, we need not adjudicate this issue on merits.
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