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2016 (2) TMI 743 - AT - Income TaxTDS u/s 194A - non deduction of tds on payment of hire charge - Held that:- The payment of hire charges does not fall under the term interest as defined in section 2(28A) of the Act and consequently the payments are not liable for deduction of tax at source u/s 194A of the Act. Hence no disallowance u/s 40(a)(ia) of the Act is warranted. - Decided against revenue TDS on lorry hire charges and trailer hire charges - Held that:- We find that the assessee had filed all the details before the Learned CIT-A wherein he observed that no single payment exceeding ₹ 20,000/- and no payment exceeding ₹ 50,000/- was made to any party during the year. In the facts and circumstances of the case, we deem it fit and appropriate, in the interest of justice and fairplay, to set aside this issue to the file of the Learned AO to decide this issue afresh based on the evidences submitted by the assessee before the Learned AO. The assessee is also at liberty to file fresh documents and evidences to substantiate its claim of deduction Addition u/s 40A(3) - Held that:- We find that the violation u/s 40A(3) of the Act is independent of other addition made on estimated basis by the Learned AO for want of supporting bills and vouchers. Moreover, the Learned AO had duly reduced the amount of cash expenses exceeding ₹ 20,000/- while making the estimated disallowance of expenses and hence the action of the Learned AO cannot be faulted with. - Decided against assessee
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