9911796707
TMI Blog2016 (3) TMI 583X X X X Extracts X X X X X X X X Extracts X X X X ..... to the present facts of the case and consequently, the disallowances/additions made u/s. 40(a)(ia) is not warranted. - Decided in favour of assessee In respect of freight charges paid to Shri Gautom Majee we deem it fit and appropriate to set aside the issue to the file of the ld.AO to decide the same made u/s. 40(a)(ia) in the light of applicability of second proviso to section 40(a)(ia) as mentioned herein above and in the light of said decision of the Hon’ble Delhi High Court in the case of Ansal Land Mark Township (P) Ltd (2015 (9) TMI 79 - DELHI HIGH COURT). The assessee is at liberty to adduce fresh evidences, if any, to substantiate its contentions. - Decided in favour of assessee by way of remand Disallowance of interest - He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ucted at source(TDS) in terms of provisions of section 194C of the Act. The break up of the said addition is as below:- 1) Shri Gurudutt Industries(Transport Agent) ₹ 6,39,883/- 2a) M/s. Sangam Transport ₹ 32,440/- b) M/s. Ganpati Road Lines Rs. 25,000/- ₹ 57,440/- 3) Shri Gautom Majee (Transport Agent) ₹ 3,94,045/- 4) Against Shri Gautam Majee ₹ 1,96,000/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us. 6. We have heard the rival submissions and perused the material available on record including the details filed in the paper book before us. We find that the assessee had only made purchase of goods and there was no freight charges incurred by the assessee on these purchases, which is evident from the ledger account as filed at pages 33-39 of the paper book. We also verified the sample invoices, that are kept at pages 40-47 of the paper book containing the freight charges and the details of the freight charges payable by the assessee on behalf of the said supplier. Hence, we are satisfied that the provisions of section 194C are not at all attracted to the present facts of the case and consequently, the disallowances/additions made u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xmann.com 45/ 377 ITR 635(Del)., wherein the question raised before their Lordships and their decision rendered thereon is as under:- Question: The issue that arose before the High Court was- Whether the second proviso to Section 40(a)(ia)( inserted by the Finance Act, 2012), which states that TDS shall be deemed to be deducted and paid by a deductor if resident recipient has disclosed the amount in his return of income and paid tax thereon, is retrospective in nature or not ? Held : Section 40(a)(ia) was introduced by the Finance (No.2) Act, 2004 to ensure that an expenditure should not be allowed as deduction in the hands of an assessee in a situation where income embedded in such expenditure has remained untaxed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 40(a)(ia) in the light of applicability of second proviso to section 40(a)(ia) as mentioned herein above and in the light of said decision of the Hon ble Delhi High Court in the case of Ansal Land Mark Township (P) Ltd (supra). The assessee is at liberty to adduce fresh evidences, if any, to substantiate its contentions. Accordingly, this portion of the addition u/s 40(a)(ia) amounting to ₹ 3,94,045/- raised by the assessee is allowed for statistical purpose. 12. In respect of freight charges of ₹ 1,96,000/- paid to Shri Gautom Majee, we find from the pages 32-32A of the assessee s paper book containing the ledger account of carriage inwards shown in the books of account of the assessee that sum of ₹ 1,96,000/- was inde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . On 1st appeal, the same was confirmed by the ld.CIT(A). Aggrieved, the assessee is in appeal before us on the following ground: 3. That on the facts and circumstances of the case ld. Commissioner (Appeals) erred in confirming disallowance of rs. 67, 652/0 under Section 37(1) of the Income Tax Act, 1961. We find from pages 52-55 of the paper book containing personal balance sheet and the business balance sheet of the assessee, that the assessee has borrowed monies from said two private individuals (supra) on his personal account in the assessment year 2004-05 and invested the same in his proprietary concern of the assessee, which is evident from the pages 53-55 of the paper book. Hence, it is proved beyond doubt that borrowings ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
