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2014 (6) TMI 400 - AT - Income TaxDisallowance of interest expenditure – Violation of Rule 46A of the Income tax Rules - Held that:- There is violation of Rule 46A on the part of CIT(A) in not confronting the additional details furnished by the assessee to him – revenue pleaded that this issue may be set aside to the file of the AO for considering the fresh consideration by duly considering the additional details that were furnished by the assessee before CIT(A) – assessee did not object to the plea - thus, the matter is required to be remitted back to the AO for fresh consideration – Decided in favour of Revenue. Disallowance made u/s 40(a)(ia) of the Act – Non-deduction of TDS - Held that:- Following Commissioner of Income Tax Versus M/s Vector Shipping Services (P) Ltd. [2013 (7) TMI 622 - ALLAHABAD HIGH COURT] - tax was deducted as TDS from the Salaries of the employees paid by M/s Mercator Lines Ltd and the circumstances in which such salaries were paid by M/s Mercator Lines Ltd for M/s Vector Shipping Services, the assessee were sufficiently explained - both the parties pleaded that the matter requires fresh adjudication, since the AO has made the addition without properly examining the applicability of the TDS provisions to the quantum of payment made to each of the parties – thus, the matte is remitted back to the AO for fresh adjudication – Decided in favour of Revenue.
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