TMI Blog2016 (9) TMI 589X X X X Extracts X X X X X X X X Extracts X X X X ..... er Dainik Bhaskar has included the receipt in its profit and loss account in computing the business income offered to tax and if it is found to be so, the Assessing Officer is directed to delete the disallowance. Needless to say that the Assessing Officer shall provide adequate opportunity of being heard to the assessee. - ITA No. 609/Ind/2013 - - - Dated:- 3-8-2016 - Shri D.T. Garasia, JM Shri O.P. Meena, AM For The Appellant : Shri Mohd. Javed For The Respondent : Shri C.P. Rawka ORDER PER SHRI D.T. GARASIA, AM This is an appeal preferred by the revenue against the order of the learned CIT(A)-I, Indore, dated 10.7.2013. 2. The sum and substance of the grounds of appeal of the revenue is that the learned C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Assessing Officer was fully justified in disallowing the claim of the assessee u/s 40(a)(ia) of the Act and the learned CIT(A) has deleted the disallowance without discussing the issue at length and without showing any reason therefor. 5. On the other hand, the learned counsel for the assessee submitted that the learned CIT(A) has deleted the addition made by the Assessing Officer on the basis of decision of the Hon'ble Calcutta High Court in the case of M/s. S.K. Tekriwal (supra) as also the decisions of ITAT and as such there is no infirmity in the order of the learned CIT(A). The learned counsel for the assessee categorically submitted that the Hon'ble Delhi High Court in the case of CIT vs. Ansal Land Mark Township Priva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the circumstances of the case, the Ld. CIT(A) erred in holding the nature of expense as advertisement where it was a payment of professional fees as per agreement on record. 2. On facts and circumstances of the case, the CIT(A) has erred in deleting the disallowance under section 40(a)(ia) made by the AO. 3. On the facts and circumstances of the case, the CIT(A) has erred in not adjusting the alternative disallowance on the issue of excess claim of advertisement expenses. In the above context reference is invited to the assessee s submission before the ld CIT (A) and the appellate order passed by the ld Commissioner of Income Tax (Appeals). A copy of assessee s submission before the ld Commissioner of Income Tax (Appeals) is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s LLC (ITAT Delhi), ITA no.751/DEL/2013, Date-09th January, 2015. The provisions of section 40(a)(ia) of the act has two limbs one is where, inter alia, assessee has to deduct tax and the second where after deducting tax, inter alia, the assessee has to pay into the government account . there is nothing in the said section to treat, inter alia, the assessee as defaulter where there is a short fall in deduction. With regard to the short fall, it cannot be assumed that there is a default as the deduction is not as required by or under the act , but the facts is that this expression, on which tax is deductible at source under chapter XVII- B and such tax has not been paid on or before the due date specified in sub section (1) of section 139. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ICER(OSD)3(2),(43 SOT 0215, Mumbai Bench) TDS-Under s. 194D-Commission paid on reinsurance- Insurance companies have not provided any service of soliciting or procuring insurance business for the assessee company-On the other hand, the assessee company has provided reinsurance to the insurance company and if the reinsurance companies have reduced the premium directly from the premium payable by the insured, such a deduction will not attract provisions of s. 194D-General Insurance Corporation of India vs. Asstt. CIT (2009) 125 TTJ (Mumbai) 779: (2009) 29 DTR (Mumbai)(Trib) 505 : (2009) 28 SOT 453 (Mumbai) followed 5. DCIT-11(2) Vs. Chandabhoy Jassobhoy(17 TAXMANN.COM 158, Mumbai Bench) Business Expenditure Disallowance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich reads as under Provided further that where an assessee fails to deduct the whole or any part of the tax in accordance with the provisions of Chapter XVII-B on any such sum but is not deemed to be an assessee in default under the first proviso to sub-section (1) of Section 201, then, for the purpose of this sub-clause, it shall be deemed that the assessee has deducted and paid the tax on such sum on the date of furnishing of return of income by the resident payee. In support of the above, it is submitted that the receipt on account of advertisement has been duly recognised by the payee Dainik Bhaskar in its books of accounts. To certificate to the above effect issued by the Dainik Bhaskar acknowledging payment of tax on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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