https://www.taxtmi.com/caselaws?id=342127 The Tribunal dismissed the Department's appeal, upholding the Commissioner of Income Tax (Appeals)'s order to delete the disallowance under Section 40(a)(ia). The Tribunal held that the second proviso to Section 40(a)(ia) should be applied retrospectively from 01.04.2005, in line with the Delhi High Court's judgment. This decision was based on the proviso being curative and aiming to prevent undue hardship when the recipient has already paid taxes, supporting the assessee's position. en-us Fri, 21 Apr 2017 00:00:00 +0530 Thu, 27 Apr 2017 06:55:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=342127 The Tribunal dismissed the Department's appeal, upholding the Commissioner of Income Tax (Appeals)'s order to delete the disallowance under Section 40(a)(ia). The Tribunal held that the second proviso to Section 40(a)(ia) should be applied retrospectively from 01.04.2005, in line with the Delhi High Court's judgment. This decision was based on the proviso being curative and aiming to prevent undue hardship when the recipient has already paid taxes, supporting the assessee's position. Case-Laws Income Tax Fri, 21 Apr 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=342127