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2020 (3) TMI 1201 - AT - Income TaxDisallowance u/s 40(a)(ia) - payment of shipment expenses - Amount paid or payable during the year under consideration - HELD THAT:- Provision of section 40(a)(ia) would cover not only to the amounts which are payable as on 31st March of a particular year but also which are payable at any time during the year. Therefore, respectfully following the discussions made, analysis done and the judgment passed by Hon’ble ITAT, Lucknow Bench-B in the case of Ama Medical & Diagnostic Centre [2014 (5) TMI 931 - ITAT LUCKNOW] it is held that the assessee was required to deduct TDS on the full amount paid or payable during the year under consideration. Since, the same has not been done, which is an admitted fact by the appellant during the appellate proceedings, therefore, in my considered opinion, the A.O. has rightly made the disallowance u/s 40(a)(ia) of the IT Act. Accordingly, the action of the A.O. is upheld. - Decided against assessee
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