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2016 (8) TMI 319 - ITAT CHENNAITDS u/s 194C - addition invoking the provisions of the section 40(a)(ia) of the Act in respect of payments made towards labour charges without deducting TDS - outstanding balance at the end of the close of the year - Held that:- Considering assessee's submittion that the impugned amount is already paid and nothing is outstanding at the end of the close of the assessment year under consideration. He relied on the judgement of the Special Bench of the Tribunal in the case of Merilyn Shipping and Transports v. Addl. CIT [2012 (4) TMI 290 - ITAT VISAKHAPATNAM ] . Also see Shri. N. Palanivelu, Prop. M/s. Nagamalai Textiles Versus The Income Tax Officer, Ward II (1) , Salem [2015 (10) TMI 1415 - ITAT CHENNAI ] wherein held if the impugned amount is not outstanding at the end of the close of the assessment year in respect of the expenses either as outstanding expenses or as sundry creditors, this amount cannot be disallowed. In view of this we are inclined to remit the issue to the file of AO to examine whether the impugned amount is outstanding at the end of the close of the assessment years under consideration and decide in the light of above order of the Tribunal. - Decided in favour of assessee for statistical purposes.
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