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TMI Blog2012 (9) TMI 716X X X X Extracts X X X X X X X X Extracts X X X X ..... ed u/s 194J of the Act. 3. Briefly stated the facts of this ground are that the Assessing Officer observed from the Profit and loss account that the assessee debited royalty to Court Receiver amounting to Rs.42 lakh. It was seen that similar deduction was claimed in the immediately preceding assessment year i.e. 2007-2008 which was treated as royalty by him and in the absence of any deduction. In the absence of assessee having deducted any tax at source on this amount, the said amount of Rs.42 lakh was disallowed u/s 40(a)(ia). Following the same view as taken in the immediately preceding year, the Assessing Officer made disallowance for the current year as well on the same lines. The learned CIT(A) upheld the assessment order on this poin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year, we are not inclined to accept any contrary arguments now made before us, which in fact, have been considered and decided by the tribunal in such earlier year. Consistency is the hallmark of judicial discipline. It is impermissible for the parties to reargue the same matter time and again before the tribunal in an attempt to unsettle the settled position. The view taken by the tribunal in a preceding year deserves utmost respect in so far as the subsequent years involving the similar point before the tribunal are concerned, unless there is some change in the factual or legal position. In a sense, the earlier view serves as a binding precedent for the subsequent co-ordinate benches of the tribunal, more so in the case of the same asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s 194J and resultantly disallowance u/s 40(a)(ia) is called for. However, it is noticed that recently the Special Bench of the tribunal in M/s Merilyn Shipping & Transports VS. ACIT (ITAT Vishakhapatnam)(SB) has held that disallowance section 40(a)(ia) applies only to amounts "payable" as at the close of the year and not to amounts already "paid" during the year. The ld. AR submitted that out of Rs..42.00 lacs, a sum of Rs..3.50 lacs was paid during the year thereby leaving the amount payable at Rs..38.50 lacs. We are unable to trace any such finding of payment of Rs..3.50 lacs from the assessment order or the order of the first appellate authority. In such circumstances, we direct the AO to verify this contention w.r.t. the books of acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sidering the rival submissions and perusing the relevant material on record it is observed that no detail worth the name was filed either before the A.O. or the learned CIT(A) to justify that the interest free loan was advanced for business purposes or out of interest free funds available with the assessee. The addition so made for assessment year 2007-2008 was accepted by the assessee and not appealed against before the Tribunal. As the facts continue to remain the same inasmuch as the assessee has failed to substantiate its claim, we are of the considered opinion that the disallowance of Rs.72,963 made by the A.O. out of total interest payment of Rs.1,38,449 in the current year, is in order. This ground is not allowed. 8. Ground no.3 is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urpose. In view of these reasons we are satisfied that the learned CIT(A) was justified in sustaining the disallowance to this extent. This ground is not allowed. 10. Last ground is against the confirmation of disallowance of professional fees of Rs.2,50,000 and security charges of Rs.1,22,845 on the ground that the tax was not deducted at source on the aforesaid payment for the preceding year. 11. The assessee claimed deduction of Rs.3,72,845 being professional fees paid at Rs.2,50,000 and security charges at Rs.1,22,845 in its computation of income on the ground that this amount was disallowed u/s 40(a) in computing the income for assessment year 2007-2008 and was now claimed as deduction in the current year. The Assessing Office ..... X X X X Extracts X X X X X X X X Extracts X X X X
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