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2012 (11) TMI 712 - AT - Income TaxTelecommunication Charges - reduction from the export turnover - held that:- expenses excluded from export turnover should also be excluded from the total turnover - Decision in ITO Vs Saksoft Ltd [2009 (3) TMI 243 - ITAT MADRAS-D] followed. - Decided in favor of assessee. Disallowance u/s 40(a) – Non deduction of TDS - Held that:- Legislative intent is clear that only the outstanding amount or the provision for expense (and not the amount already paid) is liable for disallowance if TDS is not deducted. Also, s. 40(a)(ia) creates a legal fiction by virtue of which even genuine and admissible expenses can be disallowed for want of TDS. Sec 40(a)(ia) can apply only to expenditure which is “payable” as of 31st March and does not apply to expenditure which has been already paid during the year.” - Order of the CIT(A) is set aside and restore this issue to the file of the Assessing Officer to decide the same - decided in favor of assessee. Decision in M/s Merilyn Shipping Transport & Others [2012 (4) TMI 290 - ITAT VISAKHAPATNAM] [(SB)(Vizag)], followed.
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