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TMI Blog2018 (5) TMI 2161X X X X Extracts X X X X X X X X Extracts X X X X ..... to section 37 - we are inclined to entertain the appeal of the assessee for admissibility of the expenditure on this score. Consequently, the addition/disallowance made by the Assessing Officer in this ground is directed to be deleted. Addition u/s 14A - Expenditure incurred on earning exempt income - HELD THAT:- As in its own case concerning A.Y. 2012-13 [ 2011 (10) TMI 172 - BOMBAY HIGH COURT] has restricted the amount of disallowance to the extent of exempt income earned. In parity, we restrict the disallowance under section 14A to the extent of exempt income. Nature of expenses - Annual Maintenance Charges incurred disallowed - HELD THAT:- Annual Maintenance charges incurred are in the nature of periodical renewal of licence for meeting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are application software which requires renewals and upgradation from time to time. This being so, in parity with the decision of co-ordinate bench of Mumbai Tribunal in the case of Emkay Share Stock Brokers Limited [ 2012 (9) TMI 124 - ITAT, MUMBAI] on behalf of the assessee, we accept the plea of the assessee for allowability of such expenditure on application software as revenue expenditure. AO is accordingly required to cancel the aforesaid addition/disallowance. Short deduction of tds - Disallowance of various expenses u/s 40(a)(ia) - amount includes payment to NSDL for transaction charges and payment to Stock Exchange towards annual charges and others VSAT charges Rs. 2,00,000/-. - HELD THAT:- While making all these payments towards ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee has disputed the disallowance made by the Assessing Officer amounting to Rs. 22,421/- on account of penalty levied by the National Stock Exchange/NSDL for committing irregularities in conduct of business having regard to Rules, Bye-laws and Regulations of Exchange. We find that the issue is no longer res integra. The Hon'ble Bombay High Court in the case of CIT vs. The Stock and Bond Trading Company in Income Tax Appeal No. 4117 of 2010, judgement dated 14.10.2011, has held that payments made by the assessee to the Stock Exchanges for violation of their regulations are not akin to an offence which is prohibited by law, as contemplated in Explanation to section 37 of the Income Tax Act. Therefore, we are inclined to entertain the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the assessee in open contracts of futures and options segment. It is a case of the assessee that the loss in the open contracts has been booked as per accounting standard prescribed by ICAI and the accounting policy has been followed consistently. We find ourselves in agreement with the plea on behalf of the assessee that Mark to Market Loss on futures and options contract is not a notional loss and the loss has crystallised at the end of the year notwithstanding the continuance of the contract. We also note the plea of the assessee that it has made entries following accounting standard AS-11 of ICAI. The Hon'ble Supreme Court in the case of CIT vs. Woodward Governor India Pvt. Ltd, 179 taxmann 326 (SC) has considered such loss as allo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the nature of contractual payment. The revenue, on the other hand, contends that these payments of Rs. 11,52,592/- & Rs. 1,00,000/- are in the nature of fee for technical services and, therefore, TDS ought to have been deducted at a higher rate as per section 194J of the Act. 8.2 Similarly, another payment of Rs. 2,00,000/- has been paid by the assessee to the Stock Exchange towards VSAT charges. That the assessee has deducted TDS at a lower rate by applying section 194C of the Act. 8.3 Therefore, while making all these payments towards various expenses, the assessee has, in fact, deducted TDS albeit at a lower rate as controverted on behalf of the revenue. Thus, there is no total failure to withhold TDS on such payments. Needless to say ..... X X X X Extracts X X X X X X X X Extracts X X X X
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