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2013 (4) TMI 394 - AT - Income TaxDepreciation claim on intangible assets acquired in earlier year - Held that:- Decided against assessee as relying on its own case peroprted in 2013 (4) TMI 380 - ITAT MUMBAI Disallowance under section 14A - Held that:- CIT (A) has directed AO to recomputed the disallowance on a reasonable basis following the decision of in the case of Godrej & Boyce Mfg. Co. Ltd. Vs. DCIT (2010 (8) TMI 77 - BOMBAY HIGH COURT). Since the issue was already before AO who has to give effect to the direction of the CIT (A),no reason to interfere. AO is directed to follow the direction of the CIT (A). Disallowance u/s 40(a)(ia) - TDS was not made on these amounts on royalty, courier charges etc at the end of the year pending receipt of bills - Held that:- AO has not examined the issue about year-end payments. There is a difference between the payments that are made during the year and the payments made at the fag-end of the year. In 2nd category of payments tax has been detected in the subsequent year when Bills are booked. In this regard the amendment made to Sec.40(a)(ia) by the finance act,2008, with retrospective effect from 1.4.2005. Also perusuing the case laws relied upon by the AR of GE India Technology Centre Private Ltd. (2010 (9) TMI 7 - SUPREME COURT OF INDIA) and Industrial Development Bank of India (2006 (7) TMI 248 - ITAT BOMBAY-H) in this regard. Thus tax deducted at source were not applicable in case consideration. Addition made on the basis of information received in AIR - Held that:- Restore the issue to the file of AO to make inquiries with the said parties whether the transactions indeed pertain to assessee. In case of mistaken reporting, the same cannot be added in the hands of assessee. Keeping in mind that assessee has discharged its onus of reconciling most of the amounts reported which are duly accounted, direct AO to enquire from the above two parties about the nature of transactions and if they pertain to assessee, enquire from assessee and do the needful after examining the facts. If the transactions does not pertain to assessee, there is no need to make any addition, just because the information came through AIR.
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