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2016 (4) TMI 297 - AT - Income TaxDisallowance u/s 40(a)(ia) - TDS u/s.194C - Held that - No payment was made to the transporter by the assessee and thus the assessee is not liable to pay/ deduct the TDS is convincing, hence the present appeal on this ground is accepted. - Decided in favour of assessee.
Issues Involved:
1. Disallowance of Commission 2. Disallowance of Freight and Octroi Charges u/s.40(a)(ia) Analysis: Issue 1: Disallowance of Commission The appeal was filed against the order disallowing the commission paid to a commission agent due to non-compliance with notice u/s. 133(6) of the Act. The CIT(A) upheld the disallowance, stating the failure to prove the identity and genuineness of the transaction. The AR argued for additional evidence to establish the legitimacy of the payment, but the application was rejected. The Tribunal remanded the issue to the AO for a fresh decision, emphasizing the need for a thorough examination of the transaction through banking channels and providing the assessee with a fair opportunity to present supporting documents. Issue 2: Disallowance of Freight and Octroi Charges u/s.40(a)(ia) The AO disallowed freight reimbursement under section 40(a)(ia) for non-deduction of TDS, despite the supplier charging freight & octroi separately in the purchase invoice. The CIT(A) upheld the disallowance, citing the applicability of TDS provisions irrespective of actual payment. The AR argued that the supplier, not being in the transportation business, included transport charges in the cost of goods. Relying on relevant case laws, the Tribunal accepted the appeal, emphasizing that if expenses are part of the cost of goods and not paid separately, TDS liability does not arise. The Tribunal ruled in favor of the assessee on this ground. In conclusion, the Tribunal allowed the appeal for statistical purposes on both issues, directing a fresh assessment on the commission disallowance and accepting the argument against the disallowance of freight and octroi charges under section 40(a)(ia).
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