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2014 (11) TMI 1147

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..... payments made to HRTC as being reimbursement of expenses - Decided in favour of assessee. - ITA No. 792/Chd/2014, ITA Nos. 793 to 795/Chd/2014 - - - Dated:- 20-11-2014 - Bhavnesh Saini (Judicial Member) And T. R. Sood (Accountant Member) For the Appellant : Dr. Amarveer Singh, DR For the Respondent : Vishal Mohan ORDER All the appeals of the Revenue are directed against the o .....

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..... .11.2009 at nil income after adjusting the brought forward losses. On subsequent perusal of the assessment records, the Assessing Officer noticed that the assessee had allotted parking space at various bus stands, etc. for ₹ 2.94 crores during the financial year under consideration. On this amount, the assessee was required to collect tax but the same had not been collected as there was noth .....

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..... x at source had been deducted as required under section 40(a)(ia) of the Income Tax Act. The assessee was an authority constituted vide Notification of the H.P. Government on 31.10.2005 for management of the bus stands situated in the State of Himachal Pradesh. The assessment was completed under section 143(3)/147 of the Income Tax Act making addition of ₹ 2.49 crores. 5. The assessee sub .....

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..... Chd/2012 and vide order dated 31.12.2013, the Tribunal allowed the appeals of the assessee on the ground that TDS is not applicable on the payments made to HRTC as being reimbursement of expenses. The learned CIT (Appeals) following the order of the Tribunal dated 31.12.2013 allowed the appeals of the assessee and deleted the addition. The order of the Tribunal is reproduced in para 5 of the impug .....

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