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2021 (12) TMI 365 - GUJARAT HIGH COURTTDS u/s 194C - Non deduction of TDS on freight payments made to Essar Steel - addition u/s 40(a)(ia) - as obtaining the PAN Card from the transporters, assessee is needed to furnish the same in the prescribed form to the prescribed authority within prescribed time - ITAT deleted the addition - HELD THAT:- As decided in own case [2021 (12) TMI 232 - GUJARAT HIGH COURT] there is no prescribed authority nominated under the provisions of law. Thus, in absence of such prescribed authority, no fault was attributed to the assessee obviously for not filing the details before such authority. The details filed by the respondent assessee along with Form No.26 naturally could be construed as sufficient compliance. No fault can be found with these detailed findings and the settled position of law. - Decided in favour of assessee. TDS u/s 194I - Additional discount given is by way of godown rent - HELD THAT:- Tribunal rightly held that the Assessing Officer had no authority to sit on the arm chair of the assessee and direct the assessee to carry out its business affairs in a particular manner, so far as the first reason was concerned. The second reason, according to the Tribunal, of protection of section 194(i) of the Act on the discount extended was not sustainable. Again, the assessee had claimed the assessment as deduction, which cannot be equated with the rent. The CIT (Appeals) adjudicated the issue raised before it by allowing the appeal of the assessee subject to the directions, which has been discussed above. Hence, it did not interfere. Tribunal is absolutely right in holding that every assessee is required to decide its own business affairs. The manner of conducting the business also gives it a fillip, which shall need to be essentially decided by the assessee and no one can comment and run his business usurping his position. Again, the rational given on the discount and having held it a non-protection of the provisions of section 194(i) of the Act, would not require any interference. Depreciation on car and car expenses - Denial of claim as car purchased in the name of director cannot be said to be assets of the company - dominion ownership of the car - HELD THAT:- ITAT, the material available on record, when looked at, the assessee though was not the legal owner of the vehicle, it has made the payment for acquisition of cars and thus, it is a beneficial owner. It is, therefore, held to be entitled for depreciation on the car. See Electro Ferro Alloys [2011 (10) TMI 495 - ITAT, AHMEDABAD] Tribunal has rightly distinguished the concept of dominion ownership of the car. The question raised is answered accordingly. No substantial question of law raised - Decided against revenue.
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