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2023 (5) TMI 33 - ITAT DELHIRevision u/s 263 - Non deduction of tds u/s 194C on the sums debited to P & L account under the head transportation charges - assessee explained that all i.e. required is to obtain PAN from the parties to whom the payments of freight were made and since the assessee had obtained the PAN from the parties, he has complied with the provision of Section 194C (6) - HELD THAT:- The payer is required to obtain PAN only from the payee for paying the charges without deduction of tax at source. In the present case, the assessee has obtained the PAN of the payees and has thus complied with the provision of Section 194C(6) of the Act as mentioned above. The AO had made specific enquires and after satisfying himself took a plausible view. Assessee has not furnished the requisite declaration - No force in this contention of the PCIT. Firstly; the provisions have been amended with effect from 01.06.2015 and therefore not applicable for the year under consideration and secondly; the only obligation on the assessee was that to obtain the PAN number of the payees which he has obtained. Merely because there is no compliance on the part of the assessee to furnish the prescribed information to the Revenue authorities the same cannot lead to a conclusion that the assessee has not complied with the first statutory obligation i.e. to obtain PAN of the payees. Considering the case of Sunbeam Auto Ltd. [2009 (9) TMI 633 - DELHI HIGH COURT] we set aside the order of the PCIT and restore that of the AO - Decided in favour of assessee.
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