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2016 (8) TMI 742 - HC - Income TaxApplication of Section 40a(ia) - whether the payments were made by the assessees in the previous year - Held that:- Having regard to the judgment of the Gujarat High Court in Merilyn Shipping & Transport case [2012 (4) TMI 290 - ITAT VISAKHAPATNAM] the orders of the Tribunal has to be set aside and the matter has to be remitted to the Tribunal for fresh consideration. It is also clarified that if the assessees so desire, it would be open to them to claim the benefit of Section 194(C)(3) as it stood prior to its substitution by Finance Act 2009 before the Tribunal, if necessary by producing additional materials also. It is also ordered that on consideration of the said contention, if the Tribunal finds that factual adjudication is necessary, it would be open to the Tribunal to remit the matter to the Assessing Officer for reconsideration.
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