2022 (6) TMI 837

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...., CIT ORDER PER SHRI VIKRAM SINGH YADAV, A.M. These are two appeals filed by the Revenue directed against the respective orders of the Learned Commissioner of Income Tax(Appeals)- 1, Nagpur, dated 22.09.2017 for Assessment Years 2011-12 & 2012-13 respectively, wherein the following findings of the ld.CIT(A) are under challenged before us. "6.0 The ratio laid down by the Hon'b....

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....ition made u/s 40(a)(ia) at Rs.1,47,19,608/- for AY 2011-12 & of Rs.7,76,79,005/-for AY 2012-13 is not found sustainable and, accordingly deleted. 7.1 Having said this, amount of Rs.99,75,000/- deducted by the AO for AY 2012-13 for allowing this sub-contractual payments pertaining to AY 2011-12 on which TDS been paid in AY 2012-13, while assessing appellant's income at Rs.6,79,36,450/....

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.... whether the second proviso to Section 40(a)(ia) of the Income Tax Act, 1961 ("the Act" for short) would have retrospective effect. We may notice that the said proviso was inserted w.e.f 1.4.2013 and in essence, it provides that where an assessee fails to deduct whole or any part of the tax at source but is not deemed to be an assessee in default under the first proviso to Section 201(1), then for....

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....ed. Several High Courts have adopted the same lines. We may also note that the Supreme Court in the case of Hindustan Coca Cola Beverages P Ltd Vs. CIT [2007] 293 ITR 226 (SC) even in absence of second proviso to Section 40(a)(ia) had noticed that the payee had already paid the tax. Under such circumstances, the Court held that the payer / deductor can at best be asked to pay the interest on delay....