TaxTMI 
TaxTMI 
2017 (11) TMI 1050
X X X X Extracts X X X X
X X X X Extracts X X X X
.... of the Act. The assessee has raised the following grounds of appeal : "1. The order of the Commissioner of Income-tax (Appeals) is erroneous both on facts and in law. 2. The learned Commissioner of Income-tax (Appeals) erred in confirming the disallowance of Rs. 27,51,000 under section 40(a)(ia). 3. The learned Commissioner of Income-tax (Appeals) ought to have appreciated that the provisions of section 40(a)(ia) would apply to the expenditure which is payable as on 31st March of every year and not to the amounts which is already paid during the previous year. 4. The learned Commissioner of Income-tax (Appeals) ought to have appreciated that the second proviso to section 40(a)(ia) of the Income-tax Act, ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ve appreciated the fact that the second proviso to section 40(a)(ia) is curative in nature and has retrospective effect from April 1, 2005 from the date in which sub- clause i. e., 40(a) was inserted by the Finance Act. 11. Without prejudice to the above grounds, the learned Commissioner of Income-tax (Appeals) ought to have appreciated the fact that the learned Assessing Officer while determining the tax liability of the appellant for the year under consideration has not allowed the carried forward loss of Rs. 9,32,77,000 from the earlier years. 12. The appellant may add or alter or amend or modify or substitute or delete or rescind all or any of the grounds of appeal at any time before or at the time of hearing of the ap....
X X X X Extracts X X X X
X X X X Extracts X X X X
....hapatnam) [SB] (ii) Hon'ble Andhra Pradesh High Court in the case of CIT v. Jana priya Engineers Syndicate (I. T. T. A. No. 352 of 2014 dated June 24, 2014) [2015] 371 ITR 439 (T&AP) 6. Further, he also submitted that the second proviso to section 40(a)(ia) of the Act is applicable retrospectively as held by the Tribunal at Hyderabad in the abovesaid cases. 7. The learned counsel for the assessee also submitted that the assessee had claimed carry forward of loss in its return of income but the Assessing Officer has not allowed the same and in spite of raising the issue before the Commissioner of Income-tax (Appeals), the Commissioner of Income-tax (Appeals) has failed to adjudicate the same. He therefore prayed that the i....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... furnished his return of income under section 139 and has offered the income and has paid taxes thereon and has furnished a certificate to this effect. Though these provisions are stated to be applicable with effect from April 1, 2013 the co-ordinate Bench of this Tribunal at Bangalore in the case of Deputy CIT v. Ananda Marakala [2014] 150 ITD 323 (Bang) has held that this proviso is applicable with retrospective effect. In view of the documents filed by the assessee before us to demonstrate that the payees have offered the said income to tax in their hands, we deem it fit and proper to set aside the orders of the authorities below and remand the issue to the file of the Assessing Officer for reconsideration and verification of the details....