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TDS u/s 194C - disallowance u/s u/s 40(a)(ia) - TDS liability on reimbursement of expenses - Held that:- In pursuance of “Cost Allocation & Recharged Agreement” between the assessee and the said company, whereby GSIPL was required to incur cost and make payments after deducting the TDS. Such cost was then recharged to the assessee. Such recharged of cost was purely on account of reimbursement of expenses which were incurred by GSIPL and hence there is no income element on such a payment. Once that is so, then there is no requirement to deduct TDS, in view of the decision of Hon’ble High Court in the case of CIT vs. Siemens (2016 (4) TMI 791 - GUJARAT HIGH COURT ). Thus, the finding of the CIT(A) that there was no requirement to deduct TDS on such reimbursement of cost is factually and legally correct and is therefore, upheld. - Decided in favour of assessee.





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