M/S DEMPO RESORTS PRIVATE LIMITED,PANAJI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 2, MARGAO
In the result, the appeal of the assessee is allowed
ITA 122/PAN/2018[2012-13]Status: DisposedITAT Panaji15 Jun 2022AY 2012-13
Bench: Shri Chandra Mohan Garg & Shri Girish Agrawalassessment Year: 2012-13 M/S. Dempo Resorts Acit, Circle-2, Margao Private Limited Empressa Dempo, Mala Vs. Fontainhas, Panaji, Goa – 403 001. Pan: Aaccd 2126 R (Appellant) (Respondent) Present For: Appellant By : Shri Rajesh Naik, Accountant Respondent By : Shri Mayur Kamble, Sr. Dr Date Of Hearing : 13.06.2022 Date Of Pronouncement : 15.06.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Arising Out Of The Order Of Ld. Cit(A) – 2, Panaji In Ita No. 390/Cit(A)/Pnj-1/2014-15 Re-Numbered As Ita No. 342/Cit(A)-2/Pnj/2017-18 Dated 23.01.2018 Against The Order Passed By Acit, Circle-1(1), Panaji U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The ‘Act’) Dated 29.12.2014. 2. The Grounds Taken By The Assessee In The Present Appeal Are Reproduced As Under:
For Appellant: Shri Rajesh Naik, AccountantFor Respondent: Shri Mayur Kamble, Sr. DR
Section 143(3)Section 40
section 40(a)(ia) brought by Finance Act
2012 for the claim of expenditure made without TDS is prospective and applicable from A.Y. 2013-14. 5) The Learned Commissioner of Income Tax (Appeals) has failed to appreciate that Second proviso to s. 40(a)(ia) inserted w.e.f. 1.4.2013
should be treated as retrospectively applicable from 1.4.2005 and no disallowance
