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2016 (6) TMI 80 - AT - Income TaxReopening of assessment - TDS deduction u/s. 194C(2) - section 40(a)(ia) disallowance - Held that:- The Revenue fails to highlight even a single case involving payment exceeding the threshold pecuniary limit of ₹ 50,000/- u/s. 194C(5) proviso of the Act. We hold in these facts and circumstances that the Revenue’s contentions in support of both of its substantive grounds are devoid of merits. We reiterate our findings hereinabove that the Assessing Officer had called for specific details, assessee filed the same followed by assessment order noting that the assessing authority had perused all the material in record. We are of the opinion that the impugned reopening on this TDS issue amounts to change of opinion not sustainable as per hon’ble apex court decision in Kalvenator’s case (2010 (1) TMI 11 - SUPREME COURT OF INDIA ). Coupled with this, the Revenue is unable to make out a case in support of invoking TDS provision u/s. 194C of the Act (supra). We affirm CIT(A)’s order on validity of impugned reopening as well as merits. - Decided against revenue
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