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2016 (7) TMI 612 - ITAT KOLKATATDS u/s 194C - non deduction of tds - Disallowance u/s 40(a)(ia) - Held that:- We find that the expenses incurred is only towards promotion of business of the assessee and does not fall under the definition of ‘work ‘as defined in 194C of the Act. Hence there is no obligation to deduct tax at source in terms of section 194C of the Act. Accordingly we direct the ld. AO to delete the disallowance made u/s 40(a)(ia) of the Act. - Decided in favour of assessee Addition towards notional rental income from house property - Held that:- We find that the assessee has got three properties out of which one is used for self occupation, one is used for business purpose and the other is claimed to be used partly for business and partly for residence. The ld. AO had rightly determined the fair market value in respect of the said property in accordance with the provisions of the Act. We find that the assessee had not disputed the determination of the quantum of fair market rent in respect of the properties either before us or before the lower authorities. We find that the revenue is justified in making this addition which is in accordance with the provisions of the Act. Hence we do not find any reason to interfere with the orders of the lower authorities. - Decided against assessee
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