Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (10) TMI 1559 - AT - Income TaxDisallowance of service tax written of and charged to P&L account - HELD THAT:- The assessee has clearly explained the rationale for claiming the impugned sum which has been upheld by the different benches of the Tribunal.. As the facts of this case and the facts of the cases in which the Hon'ble ITAT, Hyderabad had relied and rendered the decision are identical with the assessee, the order of the CIT(A) is held as justified and hence the grounds of Revenue’s appeal are dismissed. Disallowance u/s 14A - HELD THAT:- As Revenue pleads that CIT (A) ought to have brought out materials to show that the impugned investments were made out of surplus and no borrowed funds were utilized for the investments. Since the relevant facts are not brought in the order of the CIT(A) , we deem it fit to set aside this issue to the A O for a fresh examination. The A O, after affording due opportunity to the assessee , shall pass a speaking order. Disallowance of demurrage charges u/s 40a(i) & 40(a)(ia) - HELD THAT:- DR presented his arguments on the lines of the assessment order and on the grounds of appeal . Per Contra, the AR invited our attention to the relevant portion of the paper book wherein a copy of sales contract with M/s Noble Resources, commercial invoice from M/s Noble Resources and invoice , Debit note issued to appellant from M/s Golden Agri International Pte Ltd, Singapore and submitted that the assessee made reimbursements only. The D R submitted since these documents are presented for the first time they require scrutiny. We heard the rival contentions. Since the relevant facts require examination, we deem it fit to set aside this issue to the A O for a fresh examination. The A O, after affording due opportunity to the assessee , shall pass a speaking order. Payments made to Chennai Port Trust without TDS - on the port Entry Pass, weighment charges, reimbursement of expenses to the port trust, the assessee pleaded before the CIT (A) that these payments do not attract TDS provisions and hence no need to deduct tax. The CIT (A) held that this is explanation is acceptable and hence the disallowances made against these amounts are directed to be deleted - HELD THAT:- Since the relevant facts require examination, we deem it fit to set aside this issue to the A O for a fresh examination. The AO , after affording due opportunity to the assessee, shall pass a speaking order.
|