9911796707
TMI Blog2014 (3) TMI 928X X X X Extracts X X X X X X X X Extracts X X X X ..... spect of overseas payments of professional and consultancy charges without deducting tax at source. 2. The assessee is a manufacturer of rubber tubes, tyres and rubber products. The assessee filed its return of income for the AY.2008-09 on 29-09-2008 declaring its income as Rs.358,57,59,312/-. The case of the assessee was selected for scrutiny and notice u/s. 143(2) of the Income Tax Act, 1961 (herein after referred to as 'the Act') was issued to the assessee on 12-08- 2009. During the course of assessment proceedings, the Assessing Officer made certain additions/dis-allowances including dis-allowance u/s.14A & u/s.40a(i). Aggrieved against the assessment order dated 24-12-2010, the assessee preferred an appeal before the CIT(Appeals). Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8/Mds/2011 decided on 18-01-2012. The Tribunal has remanded the issue back to the file of Assessing Officer for fresh adjudication. The ld.Counsel for the assessee placed on record a copy of the order of the Tribunal in ITA No.1748/Mds/2011 (supra). As regards the second issue, the ld.Counsel submitted that since the payments have already been made by the assessee therefore, the case of the assessee is covered by the judgment of the Hon'ble Allahabad High Court in the case of CIT Vs. M/s. Vector Shipping Services (P) Ltd., in ITA No.122/13 decided on 09-07-2013. Wherein, the Hon'ble High Court has upheld the decision of the Special Bench of the Tribunal in the case of Merilyn Shipping and Transport Vs. ACIT reported as 16 ITR (Trib) I. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, allowed for statistical purpose. In view of the fact that for the same AY in the appeal of the assessee, the issue has been remitted back to the file of the Assessing Officer for fresh adjudication, the same issue in present appeal of the Revenue has to be remitted back to the Assessing Officer to maintain the consistency. The Assessing Officer shall consider the issue afresh in accordance with law. Accordingly, this ground of appeal of the Revenue is allowed for statistical purposes. 6. The second issue raised in the appeal is with regard to dis-allowance u/s.40a(i) in respect of payments made in foreign currency towards professional and consultancy services. It is not disputed that the entire payments for the alleged technical ..... X X X X Extracts X X X X X X X X Extracts X X X X
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