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| The Tax Publishers2020 TaxPub(DT) 0456 (SC) : (2020) 269 TAXMAN 0010 INCOME TAX ACT, 1961
Section 261 Section 40(a)(ia)
Where the department preferred SLP to appeal against the judgment of Delhi High Court in Pr. CIT v. Noida Software Technology Park Ltd. [ITA No. 1095 of 2018, CM Appl. No. 40855 of 2018, dt. 28-11-2018] : 2020 TaxPub(DT) 546 (Del-HC), whereby the High Court held that the second proviso to section 40(a)(ia) is declaratory and curative in nature and it has retrospective effect and therefore, AO was directed to verify from recipient as to whether it had included receipts from assessee and same were accounted for in taxable income, then no disallowance was to be made with the aid of section 40(a)(ia) the Supreme Court granted leave to Revenue to appeal there against and directed the Registry to tag the matter along with Civil Appeal No. 7326 of 2016.
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Appeal (Supreme Court) - Special leave petition - Disallowance under section 40(a)(ia) - Non-deduction of TDS on transport expenses paid by assessee
Department preferred SLP to appeal against the judgment of Delhi High Court in Pr. CIT v. Noida Software Technology Park Ltd. [ITA No. 1095 of 2018, CM Appl. No. 40855 of 2018, dt. 28-11-2018] : 2020 TaxPub(DT) 546 (Del-HC), whereby the High Court held that the second proviso to section 40(a)(ia) is declaratory and curative in nature and it has retrospective effect and therefore, AO was directed to verify from recipient as to whether it had included receipts from assessee and same were accounted for in taxable income, then no disallowance was to be made with the aid of section 40(a)(ia). Held: The Supreme Court granted leave to revenue to appeal thereagainst and directed the Registry to tag the matter along with Civil Appeal No. 7326 of 2016.
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