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2022 (9) TMI 1240 - AT - Income TaxTDS on the reimbursement of Leave Fare Concession in view of Section 10(5) and Rule 2B - Whether expenditure incurred on foreign LFC was not except? - notice u/s 201(1)/201(1A) of the Act issued to the assessee - assessee mainly contended that as per Section 10(5) of the Act read with Rule 2B of Income Tax Rules, the LFC (Leave Fare Concession) has to be only to a designated place in India and the same has been complied with - HELD THAT:- The issue involved in the Assessment Year 2013-14 and that of the present appeal are similar in nature, i.e. whether assessee is liable for deduction of TDS on the reimbursement of Leave Fare Concession in view of Section 10(5) and Rule 2B of the Act or not? The said issue is already under consideration by the Hon'ble Supreme Court which will be binding on the revenue and also on the assessee. Since the Ld. A.O has to give effect to the order that would be passed in Special Leave Appeal [2022 (7) TMI 1323 - SC ORDER] in respect of A.Y 2013-14 in Assessee’s own case, we deem it fit to restore the issue also (for A.Y 2016-17) to the file of A.O. to consider the same after disposal of the Special Leave Appeal and decide same in compliance with outcome of the order of the Hon’ble Supreme Court. Therefore, the issue involved in the present appeal is restored to the file of the A.O. to decide the same after disposal of Special Leave Appeal. Appeal of assessee allowed for statistical purpose.
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