|The Tax Publishers2020 TaxPub(DT) 4034 (Mum-Trib)
INCOME TAX ACT, 1961
In case of shortfall in deduction of TDS, no disallowance could be made under section 40(a)(ia).
Business disallowance under section 40(a)(ia) - Applicability - Alleged short deduction of tax at source -
Assessee paid customer support charges net of TDS under section 194C. AO disallowed deduction under section 40(a)(ia) alleging that tax should have been deducted at higher rate under section 194J. Held: There was nothing in section 40(a)(ia) to treat the assessee as defaulter where there was shortfall in deduction of TDS. Accodingly, no disallowance could be made.
FAVOUR : In assessee's favour.
A.Y. : 2013-14
IN THE ITAT, MUMBAI BENCH
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