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2014 (2) TMI 192 - AT - Income TaxDeletion of various expeses made - Freight recoverable, repacking charges, excess freight charges, dead freight, reimbursement of salary Held that:-The penal freight charges was actually paid to the Railways for over-loading of railway wagon and it was in the nature of excess freight for compensation of over-loading - the excess freight is not penal in natue and there is no violation of any statutory provisions - Even the dead freight of was deducted by Bokaro Steel Plant due to under weighment of railway wagons, which means that quantity of goods dispatched was lower than the optimum permissible limit - It means that CIT(A) has rightly deleted the addition The reimbursement of salary, bonus etc. of the staff employed by an associate concern and for the services utilised for the purpose of its business - Revenue even now before us has not contented that there was no services rendered Decided against Revenue. Disallowance u/s 40(a)(ia) of the Act deposit of TDS after the due date but before filing of return u/s 139(1) Held that:- The decision inRB Jodha Mal Kuthiala Versus Commissioner of Income-Tax, Punjab, Jammu And Kashmir And Himachal Pradesh [1971 (9) TMI 2 - SUPREME Court] followed - The provision which has inserted the remedy to make the provision workable, requires to be treated with retrospective operation so that reasonable deduction can be given to the section as well - In view of the authoritative pronouncement of the Supreme Court, the court cannot decide otherwise - the amendment in the provisions of section 40(a)(ia) of the Act by Finance Act, 2010 is remedial and curative in nature and TDS paid on or before the due date of filing of return u/s. 139(1) of the Act, deduction in respect to the amount on which TDS is so paid, is allowable - the TDS was paid before due date of filing of return u/s. 139(1) of the Act by the assessee Decided in favour of Assessee.
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