In Brief
The Supreme Court held that the Finance Act 2010 amendment to Section 40(a)(ia) of the Income Tax Act 1961, which regulates the deduction of expenses subject to Tax Deducted at Source (TDS), should apply retrospectively from 2005. The Court found that the amendment was curative in nature, designed to remedy unintended hardships rather than punish taxpayers. An assessee that deducted TDS during the assessment year and paid it to the government by the return filing deadline is entitled to claim the expense deduction in that year, even if payment technically occurred after the statutory period. The Court upheld the High Court's decision and dismissed the Revenue's appeal, rejecting arguments for strict prospective application.
The lawyer headnote and full judgment text are available to registered users.