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2014 (7) TMI 512 - AT - Income TaxDisallowance u/s 40(a)(ia) of the Act – TDS provision u/s 194C of the Act not complied – Held that:- The AO disallowed expenses out of the total expenses claimed by the assessee under the head ‘shipping and forwarding expenses’ on the ground that the assessee failed to deduct tax at source u/s. 194C of the Act - the assessee has raised a plea that the assessee was not liable to deduct tax at source from ₹ 27,14,737/- as the same was reimbursement of expenses made by the assessee to the clearing agent of the assessee - This plea of the assessee was not adjudicated by the CIT(A) – thus, the order of the CIT(A) is set aside and the matter is remitted back for fresh adjudication as to whether the assessee was liable to deduct tax at source on amount of ₹ 27,14,737/- paid as reimbursement of expenses to the clearing agent or not – Decided in favour of Revenue. Addition as GP on estimated rate of 25% - Suppressed sale – Held that:- The decision in Prima Ceramics Pvt. Ltd. Vs. DCIT [2014 (7) TMI 203 - ITAT AHMEDABAD] followed - The issue of addition made in the income tax case is based on addition made in excise case of the assessee, which is pending in appeal before the Excise and Custom Tribunal - it would be justified to restore the issue in the grounds of the appeal of the assessee to the file of the CIT(A) with direction to decide the afresh in accordance with law on merit in the light of the order of the Excise and Custom Tribunal – Decided in favor of Revenue.
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