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2015 (2) TMI 1175 - ITAT BANGALORETDS u/s 194C - payments to BCCL for advertisement - Held that:- The payment made by the assessee to BCCL is towards advertisement and the assessee was liable to deduct tax at source under Section 194C of the Act. In view of the assessee's failure to deduct tax at source as required, the provisions of section 40(a)(ia) of the Act are attracted in the facts of the case and the payments by the assessee to BCCL for both assessment years 2008- 09 and 2009-10 are liable to be disallowed thereunder - Decided against assessee. Applicability of section 40(a)(ia) to disallow expenditure which was actually paid within the previous year - Held that:- The details as to whether the payee, BCCL, has actually offered as income and paid taxes on the amounts ofRs.7,20,00,000 each for the relevant Assessment Years 2008-09 & 2009-10 and whether these expenditure have actually been paid during the concerned previous year’s or remained payable / outstanding as on 31.3.2008 and 31.7.2009 are facts which are material to come to a decision on this issue and the examination of such details as are required are not available before us. In view of the above, in the interest of equity and justice, we deem it necessary to restore this issue to the file of the Assessing Officer to decide thereon - Decided in favour of assessee for statistical purposes
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