No s. 40(a)(ia) Disallowance For Short-Deduction TDS Default

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HIGH COURT AT CALCUTTA

Special Jurisdiction [Income Tax ]

ITAT No. 183 of 2012 GA No. 2069 of 2012

COMMISSIONER OF INCOME TAX, KOLKATA-XI

Versus

M/S. S.K. TEKRIWAL

Date : 3rd December, 2012

 

Section 40(a)(ia) of the Act refers only to the duty to deduct tax and pay to government account. If there is any shortfall due to any difference of opinion as to the taxability of any item or the nature of payments falling under various TDS provisions, the assessee can be declared to be an assessee in default u/s. 201 of the Act and no disallowance can be made by invoking the provisions of section 40(a)(ia) of the Act.