2007 (10) TMI 651

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..... 1st April, 2005 as ultra vires and striking down the same insofar as it provides that the expenses in respect of which tax is not deducted at source or paid over to the Government within the time provided under Section 200 shall not be deductible in computing the income.  2. Pending writ petition, the petitioner has sought for stay the operation of Clause (ia) of Section 40(a) of IT Act ....

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....d: The petitioners are directed to submit the self-assessment returns by including the amount for which tax is deducted at source. The respondents are directed to accept the returns to be submitted by the petitioners/assessees for the year 2007-08. The petitioners shall pay tax on the self-assessment income and the Department is restrained from taking any penal action till the filing of the cou....