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2014 (4) TMI 272 - AT - Income TaxDeletion of demand raised u/s 201(1)/201(1A) of the Act – Applicability of section 194C of the Act – assessee is making payment to some Indian subsidiaries of foreign shipping company without deducting TDS under Section 194C - Revenue contended that the assessee company is an Indian arm of a multinational company Expeditors International - The assessee is engaged in the business of supplying chain management, logistics and freight forwarding which is related to movement of goods and cargo within India or outside India by road, rail, air or ship - During the course of survey at the assessee’s premises, it is seen that the assessee is making payment to some Indian subsidiaries of foreign shipping company without deducting TDS under Section 194C of the Act. Held that:- Section 194C is applicable to the payment made by the assessee to the subsidiaries of foreign shipping and airline companies - CIT(A) misunderstood the order of the AO and recorded the finding that the AO has accepted the plea of the assessee that Section 194C is not applicable in the case of the appellant and only Section 172 is applicable - In the relied upon by the assessee, the assessee has furnished the confirmation from all the agents for filing of the return u/s 172 of the act - No such confirmations were produced – thus, the order fo the CIT(A) set aside and the matter is remitted back to the CIT(A) for fresh adjudication – Decided in favour of Revenue.
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