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2013 (2) TMI 14 - ITAT DELHIAddition u/s 40(a)(ia) - TDS on reimbursement of expense – Held that:- It is not disputed that M/s Mercator Lines Limited had deducted TDS on salaries paid by it on behalf of assessee. Under such circumstances assessee was not required to deduct TDS on reimbursement being made by it to M/s Mercator Lines Limited. Also following the decision in case of Merilyn Shipping & Transports (2012 (4) TMI 290 - ITAT VISAKHAPATNAM) that no amount remained payable at the year-end, provisions of section 40(a)(ia) are not applicable – In favour of assessee Deemed income from sale of books - Disallowance of technical books written off – Assessee claimed short term capital loss on the technical books - no sale proceeds had been shown by the assessee – Held that:- The AO was not justified in making addition on account of deemed income from sale of books without any adverse material evidence on record and without rejecting the books of account. And also the short term capital loss claimed u/s 50 was justified, does not appear to be correct. AY 2008-09 also the issue regarding depreciation is in dispute before the Tribunal. To decide the issue taking into consideration for AY 2008-09 - Remand back to A.O.
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