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2016 (12) TMI 244 - AT - Income TaxTDS u/s 194C - demands raised u/s 201/201(1A) - payments made by the assessee towards Carriage Inward and Carriage Outward - Held that:- TDS is not to be deducted from the payment made to transporters who furnished PAN. The Assessing Officer has wrongly interpreted that this provision is applicable to tax deducted by assessee who are engaged in transport business. This in my considered opinion is an erroneous interpretation not sustainable in law. In my considered opinion learned CIT(Appeals) has correctly appreciated the law and the facts of the case and the same does not need any interference. When the assessee has satisfied the conditions of Section 194C(3), liability of payee to deduct tax at source would cease and accordingly, application of Section 40(a)(ia) would also not arise. See Soma Rani Ghosh [2016 (10) TMI 55 - ITAT KOLKATA ] - Decided in favour of assessee
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