Case laws relating to section 40(a)(ia)

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Querist : Anonymous

Querist : Anonymous (Querist)

29 July 2014 Hi friends,
Please clarify my doubt regarding allowance of expenditure attracting tds provisions.
If tds deposited belatedly and return filed belatedly from october to march but with in due date under section 139(1) for the assessment year 2009 - 2010. In such case Whether such expenditure is allowable as expenditure or it should be disallowed.

give me clarification with applicable case laws as soon as possible.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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29 July 2014 Cannot disallow in view of-
a) amendment brought by Finance Act,2008 and
b) CBDT circular 1/2009 dt 27.3.2008.

Citation, among others,:-
1) ACIT V Shanthi Logistics Pvt Ltd (2014)137 TR 331(Chennai 'a'-Tri).
2) CIT V Jawahar Lal Agrawal (2014) 137 TR 37(MP).

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