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TMI Blog2019 (1) TMI 547X X X X Extracts X X X X X X X X Extracts X X X X ..... Families from the requirement of deducting tax at source as long as their turnover did not exceed the limit for statutory audit. On facts, it has been held that assessee would have been qualified for exclusion clause and therefore the requirement of deducting tax at source could not be applied. No error in the view of the Tribunal. The finding of the Tribunal that the Assessee’s turn over for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal is filed by the Revenue against the judgment of the Income Tax Appellate Tribunal ( the Tribunal for short) dated 24th July, 2015 raising following question for our consideration:- Whether on the facts and in the circumstances of the case and in law the ITAT was justified in not upholding the disallowance of ₹ 4,60,21,743/under Section 40 (a) (ia) of the Income Tax Act, 1961 by ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the period relevant to the said Assessment Year. The assessee raised two-fold contentions. Firstly, according to the assessee, the payments were in the nature of reimbursement of expenditure and, therefore, did not invite the requirement of deducting tax at source. Second contention of the assessee was that in any case the assessee's turn over did not exceed the threshold limit so as to sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. On facts, it has been held that assessee would have been qualified for exclusion clause and therefore the requirement of deducting tax at source could not be applied. 6. Having heard the learned Counsel for the parties and having perused the documents on record, we do not find any error in the view of the Tribunal. The finding of the Tribunal that the Assessee s turn over for the previous ye ..... X X X X Extracts X X X X X X X X Extracts X X X X
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