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In a recent judgment Delhi High Court has ruled that the condition to deposit TDS within the prescribed time cannot be read into sub-clause (iii) of clause (a) of Section 40 of the Act as-unlike the language of item (B) of sub-clause (i) of clause (a) of Section 40-the same has not been specifically enacted.
Section 40(a)(iii) provides for disallowance of deduction claimed on account of any payment as salary if it is payable outside India or to a non resident and if tax at source (TDS) has not been deducted therefrom.
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