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2015 (10) TMI 69 - AT - Income TaxDisallowance u/s 40(a)(ia) - payment of interest and brokerage without deduction of TDS - CIT(A) deleted the addition - Held that:- The decision of Hon'ble ITAT Special Bench, Vishakhapatnam, in the case of Merilyn Shipping and Transport (2012 (4) TMI 290 - ITAT VISAKHAPATNAM ) will hold good in this issue also, since, the amounts of brokerage have already been paid by the appellant during the year under consideration. Therefore, these amounts would not be hit by the regors of the provisions of Section 40(a)(ia) - as find that there are contrary judgements of Allahabad High Court as compared to Calcutta and Gujarat High Courts. However, appeal filed by the Department with Hon'ble Supreme Court against the order of Hon'ble Allahabad High Court has been dismissed by Hon'ble Supreme Court in limine. Moreover, as per the Hon'ble Supreme Court order in the cases of Vegetable Products [1973 (1) TMI 1 - SUPREME Court] as relied upon by Ld. A. R. in the case of conflicting judgements that judgment is to be applied to an assessee which is beneficial to it. Therefore, we do not see any infirmity in the order of Ld. CIT(A) in this context - Decided in favour of assessee. Addition of rebate and discount - CIT(A) deleted the addition - Held that:- The total amount of goods sold to M/s. B.L. Goyal & Co. during the year under consideration was to the tune of ₹ 3,08,39,874/-, on which the amount of rate difference was only ₹ 1,04,757/-, i.e. only 0.34%. This claim also was duly supported with the details submitted during the course of proceedings along with the copy of account of M/s. B.L. Goyal & Co., showing the deductions, and hence, the appellant claimed that this disallowance was totally uncalled for. Rate difference of 0.34% in a transaction of more than ₹ 3 crores is nothing unusual and therefore, the addition is hereby deleted. - Decided in favour of assessee.
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