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2018 (10) TMI 1097 - AT - Income TaxTDS u/s 192 - provision for expenses - non deduction of tds on Employees Stock Option Plan (ESOP), leave encashment, gratuity and bonus - assessee in default u/s 201(1)/201(1A) - assessee submitted that the provisions of section 192 not required at the time of entry made in the books - Held that:- Refereeing to assessee's contention that it is not actual payment but only provisions were made for the liability to be discharged in future this fact has not been disputed by the AO that these are only provisions made on account of Leave encashment, Bonus and Gratuity expenses. Hence in view of the decision of the Hon’ble Delhi High Court in the case of CIT vs. Tej Quebecor Printing Ltd. [2006 (1) TMI 56 - DELHI HIGH COURT] when there is no actual payment of these perquisites being part of salary, then the liability to deduct tax at source under section 192 of the Act does not arise. - decided in favour of assessee.
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