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2015 (12) TMI 688 - AT - Income TaxTDS u/s 194C - Deduction of TDS on lorry high charges - applicability of provisions of sec.40(a)(ia) - Held that:- We are of the opinion that the provisions of Sec.40(a)(ia) of the Act are applicable only when the amount of expenditure is payable and outstanding as on 31st March of the previous year in which the assessee has claimed expenditure. The additional information was filed before the Commissioner of Income Tax (Appeals) and no remand report was called for from Assessing Officer. It is apparent that such statements and information’s was not available to the Assessing Officer at the time of assessment. Therefore, we are inclined to set aside the order of the CIT(A) and remit the disputed issue to the Assessing Officer with the direction to verify whether any amount is outstanding or payable as on 31st March of previous year relevant to assessment year so as to attract the provisions of sec 40(a)(ia) of the Act. - Decided in favour of assessee for statistical purposes.
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