DCIT vs M/s. S K Tekriwal
S. 40(a)(ia) of the Act can be invoked only in the event of non-deduction of tax but not for lesser
deduction of tax.
S. 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.