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2020 (1) TMI 115 - AT - Income TaxRevision u/s 263 - TDS u/s 195 in respect of the demurrage charges - HELD THAT:- The implicit view taken by the A.O while framing the assessment under Sec.143(3) r.w.s. 144C(3), dated 25.01.2017, that in the absence of any obligation cast upon the assessee to deduct tax at source under Sec. 195 in respect of the demurrage charges the said amount could not have been disallowed under Sec.40(a)(i) of the Act, is found to be in conformity with the judgment of the ‘Full Bench’ of the Hon’ble High Court of Bombay in the case of V.S. Dempo & Co. Pvt. Ltd. [2016 (2) TMI 308 - BOMBAY HIGH COURT] which was available at the time of framing of the aforesaid assessment. Accordingly, finding no infirmity in the view taken by the A.O, we ‘set aside’ the order passed by the Pr. CIT under Sec. 263, dated 14.03.2018 and restore the order passed by the A.O under Sec. 143(3) r.w.s 144C(3), dated 25.01.2017. - Decided in favour of assessee.
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