Issue: Whether the amendment to Section- 40(a)(ia) made by the Finance Act 2010 w.e.f. 1.4.2010 where the TDS is to be paid on or before the due date for filing of the Return of Income be operative with prospective or retrospective effect?
I.T.A.T No. 302 of 2011
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
COMMISSIONER OF INCOME TAX, KOL-XI, KOL
The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA
The Hon'ble JUSTICE JOYMALYA BAGCHI
Date : 23rd November, 2011.
The Court: We have heard Mr. Nizamuddin and gone through the impugned judgment and order. We have also examined the point formulated for which the present appeal is sought to be admitted.
It is argued by Mr. Nizamuddin that this court needs to take decision as to whether section 40(A)(ia) is having retrospective operation or not.
The learned Tribunal on fact found that the assessee had deducted tax at source from the paid charges between the period April 1, 2005 and April 28, 2006 and the same were paid by the assessee in July and August 2006, i.e. well before the due date of filing of the return of income for the year under consideration. This factual position was undisputed.
Moreover, the Supreme Court, as has been recorded by the learned Tribunal, in the case of Allied Motors Pvt. Ltd. and also in the case of Alom Extrusions Ltd., has already decided that the aforesaid provision has retrospective application. Again, in the case reported in 82 ITR 570, the Supreme Court held that the provision, which has inserted the remedy to make the provision workable, requires to be treated with retrospective operation so that reasonable deduction can be given to the section as well.
Hence we dismiss the appeal without any order as to costs.
(JOYMALYA BAGCHI, J.)
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