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2013 (12) TMI 778 - AT - Income TaxHiring Charges - Tax not deducted at source - Held that:- The risk and responsibility of fulfilling of various terms and conditions of the contract remained with the Assessee, where the Assessee had taken on hire the vehicles - It cannot be attributed as contract of service and thereby a sub-contract and therefore the provisions of section 194C(2) are not applicable - The Revenue could not controvert the findings of CIT(A) by bringing any contrary material on record - Decided against Revenue. Interest expense - Held that:- The amount paid as interest to banks and finance companies was not submitted by the Assessee before A.O. nor the details are available before the Tribunal - CIT(A) has granted relief to the Assessee by following the decision of Special Bench in the case of Merlyn Shipping [2012 (4) TMI 290 - ITAT VISAKHAPATNAM] - The Hon. Gujarat High Court in the case of Sikandar Khan N. Tunvur [2013 (5) TMI 457 - GUJARAT HIGH COURT] held that the decision of Special Bench in the case of Merilyn shipping (supra) does not lay down correct law - The issue was set aside for fresh adjudication. Disallowance of expenses - Held that:- In the Remand Report, the Assessee had produced the bills and vouchers and A.O. had failed to identify any single discrepancy - Assessee has shown increased gross profit and net profit as compared to the immediate preceding year - The A.O. has also not pointed out any deficiency in the books of accounts - The Revenue could not controvert the findings of CIT(A) by bringing any contrary material on record - Decided against Revenue.
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