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2014 (2) TMI 603 - AT - Income TaxTDS 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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