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TMI Blog2014 (4) TMI 1099X X X X Extracts X X X X X X X X Extracts X X X X ..... shipping companies and at point No.5 the CBDT has clarified that since the agent acts on behalf of the non-resident ship-owner or charterer, he steps into the shoes of the principal. Accordingly, provisions of section 172 shall apply and those of section 194C and 195 will not apply. - Decided in favour of assessee. - ITA No. 1704/Mum/2012 - - - Dated:- 17-4-2014 - SHRI H.L. KARWA, PRESIDENT, A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payments. It was explained that out of the total terminal handling charges of ₹ 12,44,840/-, ₹ 1,66,422/- is covered by a certificate u/s. 197(1) of the Act and the balance has been paid without deduction of tax. AO proceeded to make disallowance u/s. 40(a)(ia) of the Act and disallowed ₹ 10,78,418/-. The Assessee carried the matter before CIT(A) but without any success. 3. Be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l in ITA No.105/Mum/2013 dated 28/03/2014 wherein the Tribunal has followed the CBDT Circular No.723 dated 19/09/1995. As the payment is covered by the CBDT Circular we, therefore, set aside the order of the CIT(A) and direct AO to delete the addition of 10,78,418/-. ` 5. In the result, appeal filed by the Assessee is allowed. Order pronounced in the open court on 17th April, 2014. - - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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