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The Commissioner of Income Tax, Faridabad Versus M/s. Ram Gopal And Sons

2015 (8) TMI 177 - PUNJAB & HARYANA HIGH COURT

Non deduction of tds u/s 195 - payment of commission made to agents viz. of Turkey and of Mauritius - CIT and the Tribunal set aside AO order of disallowance - Held that:- CIT and the Tribunal corectly set aside the order of the Assessing Officer in view of the circular No. 786 dated 07.02.2000 issued by the Central Board of Direct Taxes which inter alia states that no tax is deductible under Section 195 of the Act in respect of expenditure on export commission and other related charges payable .....

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nging any documentary material on record. The finding is neither absurd nor perverse.- Decided in favour of assessee. - ITA No. 214 of 2014 (O & M) - Dated:- 29-7-2015 - S. J. Vazifdar, ACJ And G. S. Sandhawalla, JJ. For the Petitioner : Mr. Tajender K. Joshi, Adv For the Respondent : Mr. Jagmohan Bansal, Adv ORDER S. J. Vazifdar, ACJ (Oral) 1. This is an appeal against the order of the Income Tax Appellate Tribunal upholding the order of the Commissioner of Income Tax (Appeals) deleting the add .....

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ade on account of payment of commission made to agents viz. of Turkey at ₹ 35,34,232/- and of Mauritius at ₹ 12,57,747/- disregarding the fact that the assessee had made the alleged payments without deducting tax at source. II Whether on the facts and in the circumstances of the case, the Hon'ble ITAT was right in law in deleting the addition of ₹ 4,84,197/- made on account of shortage in production even when the assessee has not been able to justify the shortage in furnish .....

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payable to a non-resident for services rendered outside India. The relevant part of the circular reads thus:- 2. The deduction of tax at source under section 195 would arise if the payment of commission to the non-resident agent is chargeable to tax in India. In this regard attention to C.B.D.T. Circular No. 23, dated 23rd July, 1969, is drawn, where the taxability of Foreign Agents of Indian Exporters was considered alongwith certain other specific situations. It had been clarified then that w .....

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