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2016 (8) TMI 319 - ITAT CHENNAI

2016 (8) TMI 319 - ITAT CHENNAI - TMI - TDS u/s 194C - addition invoking the provisions of the section 40(a)(ia) of the Act in respect of payments made towards labour charges without deducting TDS - outstanding balance at the end of the close of the year - Held that:- Considering assessee's submittion that the impugned amount is already paid and nothing is outstanding at the end of the close of the assessment year under consideration. He relied on the judgement of the Special Bench of the Tribun .....

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inclined to remit the issue to the file of AO to examine whether the impugned amount is outstanding at the end of the close of the assessment years under consideration and decide in the light of above order of the Tribunal. - Decided in favour of assessee for statistical purposes. - I.T.A. No. 219/Mds./16 - Dated:- 30-6-2016 - Shri Chandra Poojari, Accountant Member And Shri G.Pavan Kumar, Judicial Member Appellant by : Shri R.Padmanabham,C.A Respondent by : Shri Supriyo Pal, JCIT DR ORDER Per .....

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assessee firm is engaged in the business of Embroidery work and filed the return of income on 31.01.2007 admitting a total income of ₹ 14,256/-. The case was selected for scrutiny and the scrutiny assessment was completed on 30.12.2009 resulted a demand of ₹ 9,82,240/-. Aggrieved, the assessee carried the appeal before the CIT(A) and CIT(A) dismissed the appeal. The assessee preferred an appeal before ITAT. The ITAT, Chennai vide order dated 11.01.2011 for assessment year 2007-08 ha .....

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tal income at ₹ 19,11,545/-. 4. Aggrieved by the order of AO, once again, the assessee went on appeal before the Ld.CIT(A). On appeal the Ld.CIT(A) observed in respect of disallowance u/s.40(a)(ia) of the Act that during the course of second innings of first appellate proceedings, the books of accounts were produced by ld.A.R. On verifying the books of accounts, it was found that although they were named as Labour Charges, the same were in fact paid to 11 Agencies towards the embroidery wo .....

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see is again in appeal before this Tribunal. 5. We have heard both the parties and perused the material on record. The AO invoked the provisions of the section 40(a)(ia) of the Act on the reason that payments towards labour charges are liable for deduction of TDS u/s.194C of the Act and the assessee made payments without deducting TDS. Before us, ld.A.R submitted that the impugned amount is already paid and nothing is outstanding at the end of the close of the assessment year under consideration .....

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