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2018 (12) TMI 1131

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..... Companies, two Companies namely M/s L & T Finance and M/s SREI Equipment and Finance Pvt. Ltd. had issued confirmation to payer Company that they have duly included the same in their income. For the other two Companies, Chartered Accountant's certificates confirming that the interest so received have all been duly credited to their income, were also received by the payer company. Therefore, in view of the insertion of second proviso of section 40(a)(ia) and proviso of section 201(1) which are curative and retrospective in nature, the addition made by the AO should be deleted. - Decided against revenue. - ITA No.2517/Kol/2017 - - - Dated:- 7-12-2018 - Shri S. S. Godara, JM And Dr. A.L.Saini, AM For the Appellant : Shri K. Mondal, Add .....

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..... sessing officer that the following amounts were payable/paid to different non-banking financial companies and no tax has been deducted at source under section 194A of the Act: Sl. No. Name of Lenders address Interest amounts (in Rs.) 1 Tata Capital Financial Services Ltd., 71, Park Street Kolkata - 700 016 1,56,60,312 2 L T Finance , 8- Beck Bagan Road, Kolkata :700 017 1,51,72,867 3 SREI Equipment Finance Pvt. Ltd. 86-C, Tapsia Road (south) Kolkata :- 700 046. 1,08,93,955 4 SRIRAM Equipment .....

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..... rieved by the stand so taken by the Assessing Officer, the assessee carried the matter in appeal before the ld CIT(A), who has deleted the addition made by the Assessing Officer. 5. Aggrieved by the order of the ld. CIT(A), the Revenue is in appeal before us. The ld. DR for the Revenue has primarily reiterated the stand taken by the Assessing Officer, which we have already noted in our earlier para and is not being repeated for the sake of brevity. On the other hand, the ld. Counsel for the assessee relied on the order passed by the CIT(A) and submissions made before the authorities below. 6. We have given a careful consideration to the rival submissions and perused the material available on record, we note that from the details submi .....

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