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2018 (7) TMI 2072 - HC - Income TaxDisallowance u/s 40(a)(ia) - non deduction of tds - HELD THAT:- Considering the material on record, the learned CIT (A) as well as the Tribunal have observed that infact the payments were reimbursement of lease rent charges paid to lessor viz. SREI Infrastructure Ltd. by Sanghi Industries Ltd. (SIL) and the TDS was deducted and paid by the concerned assessee - SIL. Considering the above, it cannot be said that the learned CIT (A) as well as the learned Tribunal committed any error in deleting such dis-allowance. Dis-allowance on account of lease rental payments - dis-allowance u/s 37(1) on account of operating and maintenance charges and repairs and maintenance charges u/s 40(a)(ia) on the payments on which TDS was not deducted by the assessee - HELD THAT: It is required to be noted that in the year under consideration, no TDS was deducted as the same was contingent liability and the bills were not issued which were issued subsequently and on that the TDS was deducted as and when the final bills were received. Considering the above, no error has been committed by the learned CIT (A) as well as the learned Tribunal in deleting the dis-allowance. We are in complete agreement with the view taken by the learned Tribunal as well as the learned CIT (A).
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