2013 (12) TMI 831

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..... he learned Tribunal dated 08.02.2012 and sought to be admitted on the following suggested questions of law:    1. Whether on the facts and circumstances of the case, the findings of the Tribunal are perverse in holding that the payments have been artificially broken up to avoid the TDS provisions?    2. Whether reimbursement of expenditure can be treated as consideration and .....

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..... and others reported in AIR 1954 SC 236?    6. Whether on the facts and circumstances of the case, the findings of the Tribunal are erroneous and perverse in confirming the view of the CIT(A) that since expenditure cannot be clearly discerned from profit and loss account it would be in the fitness of things to disallow Rs.1,00,000/- as expenditure on collection of subscription for other .....

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..... standing provides that the assessee shall reimburse M/s. Ushakiran Movies Limited all the charges/costs for utilizing the infrastructural facilities such as internal and external road network, parking facilities, water, power and communication facilities. It is thus clear from the Memorandum of Understanding that payment has to be made for the services rendered and another payment has to be made o .....

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..... re coming within the category of payments to be made as per the memorandum of understanding. The reading of the memorandum of understanding as a whole would make it clear that it is a composite contract entrusting various works to be carried out on behalf of the assessee by M/s. Ushakiran Movies Limited and the payments made were towards performance of this contract. The assessee itself has also a .....

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..... the appellant relied on a decision of the Supreme Court in the case of GE India Technology Centre Private Limited vs. Commissioner of Income Tax and another (2010) 10 SCC 29 and drawn our attention to paragraph 24 of the said judgment. A reading of the said paragraph shows that the same does not apply to the facts and circumstances of this case, as the Tribunal on fact held that the payment was m .....

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