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2015 (12) TMI 1568 - ITAT MUMBAI

2015 (12) TMI 1568 - ITAT MUMBAI - TMI - Disallowance u/s 40(a)(ia) - as per AO assessee has not filed Form No.15I/15J before the competent authority - Held that:- We have considered rival contentions and found from the record that assessee has duly obtained Form No.15-I from the recipient of the freight charges giving due particulars as per the requirement. This Form 15-I was also submitted by the assessee before the AO during scrutiny assessment. Merely because the same could not be filed befo .....

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t - Decided in favour of assessee. - ITA No. 6191/Mum/2013 - Dated:- 9-12-2015 - Sandeep Gosain (Judicial Member) And R. C. Sharma (Accountant Member) For the Assessee : B. V. Jhaveri For the Revenue : Aarsi Prasad ORDER R. C. Sharma (Accountant Member) This is an appeal filed by the assessee against the order of CIT(A), Mumbai, dated 10-9-2013, for the assessment year 2009-2010. 2. In this appeal, the assessee is aggrieved for disallowance of freight charges of ₹ 13,18,545/- u/s.40(a)(ia) .....

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due particulars as per the requirement. This Form 15-I was also submitted by the assessee before the AO during scrutiny assessment. Merely because the same could not be filed before the CIT(A), the AO disallowed assessee s claim. The issue under consideration is squarely covered by the decision of the Hon ble Gujarat High Court in the case of CIT vs. Valibhai Khanbhai Mankad [(28 taxman.com 119)(Guj)] wherein their Lordships held as under: "6. Section 194C, as already noticed, makes provisi .....

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y to be credited or paid to the subcontractor during the course of business of plying, hiring or leasing goods carriages, on production of a declaration to the person concerned paying or crediting such sum in the prescribed form and verified it in the prescribed manner within the time as may be prescribed, if such sub- contractor is an individual who has not owned more than two goods carriages at any time during the previous year. "7. The exclusion provided in sub-section (3) of section 194 .....

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e payments made or to be made to such sub-contractors would cease. In fact he would have no authority to make any such deduction. "8. The later portion of sub-section (3) which follow the further proviso is a requirement which would arise at a much later point of time. Such requirement is that the person responsible for paying such sum to the sub-contractor has to furnish such particulars as prescribed. We may notice that under Rule 29D of the Rules, such declaration has to be made by the e .....

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n 194C of the Act. In our view, therefore, the Tribunal was perfectly justified in taking the view in the impugned judgment. It may be that failure to comply such requirement by the payee may result into some other adverse consequences if so provided under the Act. However, fulfilment of such requirement cannot be linked to the declaration of tax at source. Any such failure therefore cannot be visualized by adverse consequences provided under section 40(a)(ia) of the Act." 5. The issue is a .....

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