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TMI Blog2023 (7) TMI 561X X X X Extracts X X X X X X X X Extracts X X X X ..... , Circle 2(1)(2), Ahmedabad under section 143(3) of the Income Tax Act, 1961 (hereinafter referred as to 'the Act') for Assessment Years 2012-13, 2013-14 & 2014-15, whereby and where under addition in respect of foreign commission paid to foreign agents without deducting TDS under Section 40(a)(i) of the Act has been deleted. 2. As all the appeals relate to identical set of facts and of the same assessee, these are heard analogously and are being disposed of by a common order for the sake of convenience. ITA No. 164/Ahd/2023 - A.Y. 2012-13 3. The assessee is engaged in the business of Export Trading of Cotton Yarn. It filed its return of income for the year under consideration on 22.08.2012 declaring total income of Rs. 2,36,08,360/-, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e expenditure claimed under the head 'commission expenses' paid to non-resident has been disallowed under Section 40(a)(ia) of the Act and added to the total income of the assessee. The entire amount of Rs. 5,19,57,682/- on which TDS was not deducted was disallowed and added in the hands of the assessee, which was, in turn, deleted by the Ld. CIT(A) on the basis of the judgment passed by the Hon'ble Supreme Court in case of CIT vs. Toshoku Ltd., reported in 125 ITR 525. 4. At the time of hearing of the instant appeal, Ld. DR relied upon the order of the Ld. AO and the Ld. AR relied and supported the order passed by the Ld. CIT(A) in view of the judgment passed by the Hon'ble Supreme Court in the case of CIT vs. Toshoku Ltd. (supra), a copy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o deviate from the stand taken by the Coordinate Bench which was passed in favour of the assessee by confirming the order passed by the Revenue in assessee's own case for A.Ys. 2010-11 & 2011-12. The impugned order passed by the Revenue is, therefore, found to be just and proper so as to warrant interference. The same is, thus, upheld. Revenue's appeal is, thus, found to be devoid of any merit and, therefore, dismissed.
6. In the result, Revenue's appeal is dismissed.
7. The decision in ITA No. 164/Ahd/2023 for A.Y. 2012-13 shall also apply mutatis mutandis in ITA Nos. 165 & 166/Ahd/2023 for A.Ys. 2013-14 & 2014-15.
8. In the combined result, all three appeals filed by the Revenue are dismissed.
This Order pronounced 12/07/2023 X X X X Extracts X X X X X X X X Extracts X X X X
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