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2016 (2) TMI 1167 - AT - Income TaxTDS u/s 194J - Disallowance u/s 40a(ia) for payment of air freight expenses without deduction of tax at source - relation between the assessee and the agent - Held that:- Amount that was paid by the assessee to the agents were towards freight reimbursements and that there was no income component in the hands of agents - In view of the case Commissioner of Income Tax III vs. Gujarat Narmada Valley Fertilizers Co. Ltd. [2014 (1) TMI 1708 - SUPREME COURT] it is held that the relation between the assessee and the agent is principal and agent - so far as the obligation to deduct tax at source from the payment of transport charges and other charges is concerned, the same was complied with by the agent, who had made payment on its behalf - Thus deleting the disallowance confirmed – Decided against Revenue.
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