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M/s Essar Ve Enterprises Versus The Assistant Commissioner of Income Tax

2015 (11) TMI 265 - ITAT CHENNAI

Non deduction of TDS - expenses claimed by the assessee on storage and parking charges - case of the assessee is that it has already paid all the amounts and no amount is pending - Held that:- Once already amounts are paid, the Special Bench decision of the Tribunal in the case of Myerlin Shipping and Transports v. Addl.CIT (2012 (4) TMI 290 - ITAT VISAKHAPATNAM ) squarely applies to the case. Also see CIT v. Vector Shipping Services P. Ltd. [2013 (7) TMI 622 - ALLAHABAD HIGH COURT]

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r L Natarajan, C. A For the Respondent : Shri P Radhakrishnan, JCIT JUDGMENT Per V Durga Rao, Judicial Member This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals) 13, Chennai, dated 27.11.2014 relevant to the assessment year 2010-11. 2. The assessee is a firm engaged in the business of clearing, forwarding and transport. The assessee has claimed storage and parking charges amounting to ₹ 75,68,418/- in the profit and loss account. .....

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al bills will be forwarded to the customers for reimbursement of the expenditure. The customers will reimburse the expenditure after adjusting the advance. Since the above mentioned expenditure bills are in the name of the customers and they reimburse the expenditure, it does not attract any TDS on payments. After considering the explanation and details filed by the assessee, the Assessing Officer has observed that the contentions of the assessee that invoice will be only in the names of assesse .....

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by invoking section 40(a)(ia) of the Act. 3. The assessee carried the matter in appeal before the ld. CIT(A) and the ld. CIT(A) confirmed the order passed by the Assessing Officer. 4. Before us, the ld. Counsel for the assessee has submitted that the issue involved in this appeal is covered by the decision of the Special Bench of the Tribunal in the case of Merilyn Shipping and Transports v. Addl.CIT [2012] 16 ITR (Trib)1 . 5. On the other hand, the ld. DR has submitted that it is the duty of t .....

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