2019 (8) TMI 851

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....MAMATA For The Respondent : NOne ORDER: (per SK,J) This appeal by the Revenue under Section 260A of the Income Tax Act, 1961, in relation to the Assessment Year 2005-06, raises the following substantial questions of law for consideration: '6.1 Whether on the facts and circumstances of the case and in law, the ITAT was correct in holding that the assessment order was not errone....

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....aw, the Hon'ble ITAT is correct in deleting the disallowance made u/s. 40 (a) (ia) of the I.T. Act by following the decision of the Hon'ble High Court in the case of Indwell Constructions (232 ITR 776) without appreciating the fact that the said decision was rendered before incorporating the provisions of section 40 (A) (ia) of the Act W.e.f. 01.04.2005? 6.5 Whether on the facts and circu....

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....iating the fact that the statutory disallowances under section 43B and 40(a)(ia) were made as applicable to all the assesses irrespective of method of determination of profit?' 2. Insofar as the issue of disallowance under Section 40 (a) (ia) of the Act of 1961 is concerned, a Division Bench of the High Court for the State of Telangana and the State of Andhra Pradesh, comprising the then Hon'bl....