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2014 (7) TMI 1152 - AT - Income TaxExcess depreciation claimed on wind mill plant - CIT(A) deleted the disallowance - Held that:- The various High Courts as well as Coordinate Bench of ITAT, Jaipur in case of DCIT Vs. Vippy Solvex Products Ltd. [2007 (3) TMI 746 - MADHYA PRADESH HIGH COURT] held that foundation of platform, erection, installation of plant and machinery, preparation of crane platform for wind mill and other civil work carried out for installation are internal part of wind mill, which have not independent use. Thus, we are of the considered view that the assessee is entitled for 80% of depreciation on composite wind mill project including other expenditure for put to use for wind mill. Thus, we confirm the order of learned CIT(A). - Decided in favour of assessee. TDS u/s 194H - disallowance u/s 40(a)(ia) on non deduction of TDS on commission payment to the bank on credit card - Held that:- The assessee is in the business of hotel and restaurant. During the year under consideration, the assessee provided service to foreign as well as Indian tourists by way of hire charges as well as supply of food and beverages. The customers paid this service through credit cards, which is credited by the bank of credit card holders. The concerned bank transfers this money after charging of fees. It is fact that these services were rendered by the bank of credit card holders not by the bank of assessee. The appellant gets remaining amount after deducting the fees. As relying on case of Gems Paradise Vs. ACIT [2012 (2) TMI 521 - ITAT JAIPUR] wherein held it is not the case that bank has advised the assessee to sell their goods to its customers then he will pay the commission. It is reversed in a situation as bank issued credit cards to the credit card holders on certain fees or whatever the case may be and the card holder purchases material from the market through his credit card without making any payment and that shop keeper presents the bill to the bank against whose credit card the goods were sold and on presentation of bill as stated above the bank makes the payment. Therefore, in our considered view, provisions of section 194H are not attracted in this type of transaction. Therefore, we hold that addition made and confirmed by ld. CIT (A) was not justified - Decided in favour of assessee.
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