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TMI Blog2014 (4) TMI 235X X X X Extracts X X X X X X X X Extracts X X X X ..... elt out in the bill itself including the commission to the agent - the relation between the assessee and the agent is principal and agent - so far as the obligation to deduct tax at source from the payment of transport charges and other charges is concerned, the same was complied with by the agent, who had made payment on its behalf - the circular relied upon by the Revenue that it is the liabilit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he disallowance of Rs. 6,93,372 and Rs. 76,00,509 claimed by the assessee under section 40(a)(ia) of the Income-tax Act. It appears that the assessee claimed deduction under section 40(a)(ia) of Rs. 6,93,372 towards reimbursement of CHA charges paid to C F agent and Rs. 76,00,509 towards reimbursement of expenses towards consignment agent. The aforesaid expenses were disallowed by the Assessi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bursement and, therefore, the Assessing Officer was not justified in making the above disallowance and accordingly directed to delete the same. Being aggrieved and dissatisfied with the order passed by the Commissioner of Income-tax (Appeals) in holding the above, the appellant-Revenue preferred an appeal before the Income-tax Appellate Tribunal and by the impugned order the Income-tax Appellate T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment on its behalf. On the aforesaid facts the learned Tribunal also observed that the circular relied upon by the Revenue that it is the liability of the assessee as principal agent to deduct the TDS will not be applicable and the said circular would be applicable for payment made to principal to principal. Considering the aforesaid facts and circumstances of the case, when the learned Tribunal h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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