VidhiSangh

Supreme Court of India · 24/04/2018

COMMISSIONER OF INCOME TAX KOLKATA XIIV. M/S CALCUTTA EXPORT COMPANY versus M/S CALCUTTA EXPORT COMPANY

[2018] 5 S.C.R. 731 · 2018 INSC 411

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Summary

The Supreme Court held that the Finance Act, 2010 amendment relaxing the TDS-payment deadline in section 40(a)(ia) operated retrospectively from assessment year 2005–06. The change was curative: it removed hardship where tax deducted during the previous year was deposited by the return-filing due date. The respondent’s commission expenditure therefore was not disallowed on the asserted timing ground. The Revenue’s appeals were dismissed.

Issues

  1. Whether the Finance Act, 2010 relaxation in section 40(a)(ia) applied from the provision’s inception.
  2. Whether the respondent could obtain that benefit for assessment year 2005–06.

Provisions considered

Held

Result

Revenue’s appeals dismissed; connected appeals, applications, transferred cases and diary matters disposed of accordingly. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2018] 5 S.C.R. 731.