Disallowance due to non-deduction of TDS under section 40(a)(i)

Facts:

Assessee, the subsidiary entity of Celltick Israel paid software licence fees to its Israeli parent on which no TDS was done. This was held to be in default under section 40(a)(i) and thus disallowed. On appeal CIT(A) held that it was established by the payer/ assessee that the recipient parent had filed its return as per the Sectional amendments made vide Finance Act, 2020. On further appeal by revenue -

Held that the order of CIT(A) requires no intervention.

Applied : Assessee's own case.

Ed. Note: The analogous amendment made in Section 40(a)(i) to Section 40(a)(ia) is to be read retrospective. 

Case: Asstt. CIT v. Celltick Mobile (India) (P) Ltd. 2023 TaxPub(DT) 2473 (Mum-Trib)