TMI Blog2012 (4) TMI 690X X X X Extracts X X X X X X X X Extracts X X X X ..... h referred Merilyn Shipping & Transports (2012 (4) TMI 290 - ITAT VISAKHAPATNAM) we hold that the provisions of sec.40(a)(ia) would apply only to the expenditure which remain payable as at the end of the relevant financial year. In the instant case, the entire expenditure has been paid during the course of the previous year and no amount remains payable as at the year end. Accordingly, we set asid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that the assessee has incurred a sum of ₹ 2,86,587/- towards Commission expenses and a sum of ₹ 20,48,884/- towards transport charges. Both the amounts were disallowed by the Assessing Officer as the assessee did not deduct tax at source on the said payments. He further submitted that both the amounts have been fully paid during the course of year and nothing remains payable as at t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IT Vs. Orient Goa (P) Ltd (325 ITR 554 (Bom)) 5. We have heard the rival contentions. The issue viz., whether the provisions of sec.40(a)(ia) would apply to all payments made during the course of the year or it would apply only to the expenditure which remain payable as at the end of relevant year was considered by the Visakhapatnam Special Bench in the case of Merilyn Shipping Transports, re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Supra), we hold that the provisions of sec.40(a)(ia) would apply only to the expenditure which remain payable as at the end of the relevant financial year. In the instant case, the entire expenditure has been paid during the course of the previous year and no amount remains payable as at the year end. Accordingly, we set aside the order of Learned CIT(A) on this issue and direct the Assessing Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
