2017 (9) TMI 248

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..... . This is an appeal by the Principal Commissioner of Income Tax ("PCIT") assailing an order dated 10th September 2015 of the Income Tax Appellate Tribunal ("ITAT"), Panaji Bench, Panaji, Goa in ITA No 92/PNJ/2015. 2. We have today delivered judgment dismissing Tax Appeal No. 57 of 2016 (Principal Commissioner of Income Tax v Sesa Resources Ltd). In the present case, three substantial questions of .....

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..... patch to the extent of Rs. 34,85,71,032/-; (iv) disallowed a claim for deduction under Section 10(B) of Rs. 818,76,45,096/- and (v) disallowed additional depreciation of Rs. 17,19,74,078/-. 4. SGL appealed. The Commissioner of Income Tax (Appeals) ("CIT") allowed that appeal in part. The Revenue and SGL both went up in appeal to the ITAT. By its order dated 10th September 2015, the ITAT partly al .....

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..... 1,032/- made u/s.40(a)(ia) r.w.s. 195(1) of IT Act towards payment of demurrage paid to non-resident buyer of iron ore on which TDS was not deducted by ignoring the binding decision of jurisdiction of High Court of Bombay at Goa in the case of CIT v Orient Goa Pvt Ltd (BOM) 325 ITR 554? C. Whether on the facts and in the circumstances of the case, the Hon'ble ITAT is right in deleting the additio .....

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..... f TDS is an issue fully covered by the decision of the Supreme Court in GE India Technology Centre Private Limited v Commissioner of Income Tax & Anr. (2010) 10 SCC 29. There is, in addition, the decision of a Division Bench of this Court in CIT v Gujarat Reclaim & Rubber Products Ltd, ITA No. 2116 of 2013, decided on 8th December 2015, per MS Sanklecha & GS Kulkarni JJ. where, following the Supre .....

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..... ome-Tax v Orient (Goa) Private Limited 325 ITR 554. is misplaced for that judgment was expressly overruled by the Full Bench of the Bombay High Court in Commissioner of Income Tax v VS Dempo and Company Pvt Ltd. [2016] 381 ITR 303 (Bom) (FB). 10. As we have noted, again there is no substantial question of law that arises. We are unable to agree with Ms Linhares for the appellant that the appeal d .....

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