ITAT deletes sec. 40(a)(ia) disallowance as TDS was deposited by assessee before due date of filing

IT: In view of amendment made in section 40(a)(ia) by Finance Act, 2008 with retrospective effect from 1-4-2005 and CBDT Circular No. 1/2009, dated 27-3-2009, where assessee deducted tax at source from hire charges and tax so deducted was remitted to Government Exchequer beyond due date of remitting tax deducted at source but before due date of filing of return of income, said payment could not be disallowed under section 40(a)(ia)