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2018 (2) TMI 1928 - AT - Income TaxAddition u/s 14A r.w.r. 8D - CIT-A taking note that assessee had not claimed any exempt income, deleted such disallowance - HELD THAT:- We find that the view taken by the Commissioner of Income Tax (Appeals) is in sync with the judgment of Redington India Ltd vs. Addl. CIT [2017 (1) TMI 318 - MADRAS HIGH COURT] . Accordingly, we are not inclined to interfere with the order of the ld. Commissioner of Income Tax (Appeals) on this issue. - Decided against revenue TDS u/s 194C - payments were made to transport contractors - assessee not filed form No.26Q within the date prescribed under Rule 31A of the Rules - HELD THAT:- One of the submission of the assessee is that it had filed form No.26Q as prescribed under Rule 31A, though belatedly. It is true that quarterly returns specified in Rule 31A have to be filed on or before 15th of the first month of the succeeding the quarter. However, in our opinion, this time limit cannot be construed so strictly to mean belated filing will automatically result in a disallowance u/s 40(a)(ia). Sub Section (6) of Section 194C of the Act clearly say that there is no need to deduct tax on sums credited or paid to a contractor engaged in plying, hiring or lease charges, if the payer, who is the assessee here, gets a declaration that former was owning ten or less goods carriages and also gave their PAN numbers. Considering the facts and circumstances of the case, the issue requires a fresh look by AO. AO has to verify whether assessee had complied with Sub Section (6) of Section 194C. He also needs to verify whether the assessee had filed form No.26Q, though belatedly. If assessee has complied with these there can be no disallowance u/s.40(a)(ia) - Appeal of the Revenue is partly allowed for statistical purpose.
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