2013 (8) TMI 558

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..... Shipping & Transports (2012 (4) TMI 290 - ITAT VISAKHAPATNAM) has been carried in appeal before the Andhra Pradesh High Court and the Andhra Pradesh High Court has admitted the Tax Appeal and stayed the decision [2013 (8) TMI 288 - ANDHRA PRADESH HIGH COURT]. - Revenue's appeal admitted. - Tax Appeal No. 51 of 2013 - - - Dated:- 20-3-2013 - AKIL KURESHI AND SONIA GOKANI , JJ. For the Appel .....

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..... he assessee did not deduct TDS at the prescribed rate as per section 194-I of the Act and therefore the AO has erred in invoking the provisions of section 40(a)(ia) of the Act in view of the fact that the expenditure is not payable as of 31st March, but has already been paid during the year itself ?" 2. The Tribunal placing reliance on the decision of a Special Bench in the case of M/s.Merilyn S .....

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