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2014 (2) TMI 603 - ITAT CHANDIGARHTDS u/s 194C - Ocean freights and Inland Haulage Charges - ship belongs to Foreign Shipping Companies and payment is made to agents - Deletion made on account of violation of section 40(a)(ia) of the Act – Held that:- The CIT(A) has rightly upheld that the Circular talks about the payments made or to be made to non-resident shipping companies or their resident agents covered u/s 172 of the Act - the assessee has neither made any payment to any non-resident shipping company or their resident agents acting on behalf of non/resident shipping companies - Nothing has been brought on the records by the assessee by adducing any evidence that the parties to whom the payments of freight is being made are non- residents or acting as agents of non-resident shipping companies - the provision of section 172 of the Act does not come into picture and assessee - Bill of Lading clearly mentioned the name of the Carrier and the name of the port in India – Decided against Revenue. Confirmation of addition paid to legal agents –Held that:- The portion of the amount paid to various Cargo Consultants towards consultancy charges recovered from the assessee - Some portion of the amount is towards reimbursement of expenses but the details are not available readily – thus, the CIT(A) has correctly confirmed the addition of this amount – Decided against Revenue.
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