No 40a(ia) disallowance on account TDS short deduction

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MUMBAI  ITAT  HOLDS THAT  no   40a(ia) disallowance on account TDS short deduction. Distinguishes Kerala H C  ruling

The ITAT upheld that there is no disallowance u/s 40a(ia) on account of short deduction. Following  the ruling of Calcutta HC in S K Tekriwal case, which held that, sec 201 should have been invoked, not 40a(ia). In the instant case, the deduction was made u/s 194C, whereas the AO opined that, the deduction was to be made u/s 194J, thus being a difference opinion. Also , distinguishes the Kerala HC  ruling in PVS Memorial, where, there was a categorical finding that the deduction was made under a wrong provision

Posted on 29/05/2019
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