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2012 (9) TMI 613 - AT - Income TaxDis-allowance u/s 40(a)(ia) - expenses towards commission, interest on unsecured loan and machinery hire charges without making any tax deduction at source - Held that:- In view of ruling in case of Merilyn Shipping & Transports (2012 (4) TMI 290 - ITAT VISAKHAPATNAM ) wherein it is held that Section 40(a)(ia) is applicable only amount payable as on 31st March of year under consideration. Dis-allowance is directed to be deleted - Decided in favor of assessee Dis-allowance 40A(3) on ground that assessee has paid Rs.6,68,920/- in cash in a day to various parties towards material purchased - assessee contended that that each transaction in a single day is less than Rs.20,000/- and the amended provision under which aggregation of payments made in a single day is to be considered is w.e.f. 1-4-2009 and hence is not applicable for the year under appeal - AY 08-09 - Held that:- In view of decision in case of Shree Mahaveer Corporation vs. ITO, we are inclined to allow the claim of the assessee.
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