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2017 (11) TMI 1076 - AT - Income TaxRevision u/s 263 - some payments were made without making the TDS - Held that:- From the plain reading of order u/s 263 it is clear that the assessee had accepted that some payments were made without making the TDS and assured to pay tax on such amount and the CIT directed to verify all such payments liable for TDS and apply the provisions of section 40(a)(ia) of I.T.Act which shows that the Ld.CIT has not directed the AO to make the addition of the entire sum of ₹ 33,63,840/- and the assessee also did not accept for such addition. In the consequential order, the assessing officer has verified the payments made for binding charges, computer charges and freight charges etc. and given a finding that the provisions of section 40(a)(ia) are not applicable for binding charges, computer maintenance and printing charges and only in the case of freight charges 40(a)(ia) is applicable to the extent of ₹ 2,56,961/- for non deduction of tax at source. Since the assessing officer has followed the instructions correctly, there is no case for making revision u/s 263 and the Ld.Pr.CIT misunderstood the direction given by the Ld.CIT u/s 263. Therefore, the order passed by the AO u/s 143(3) r.w.s. 263 is neither erroneous nor prejudicial to the interest of the revenue - Decided in favour of assessee.
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