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2017 (1) TMI 811 - ITAT NAGPUR

2017 (1) TMI 811 - ITAT NAGPUR - TMI - Disallowance u/s 40 (a)(ia) - Held that:- Since no amount was outstanding to be paid, the provisions of section 40 (a)(ia) are not attracted in this case. Hence a disallowance is not justified - Decided in favour of assessee - I.T.A. No. 553/Nag/2016 - Dated:- 6-1-2017 - Shri Shamim Yahya, Accountant Member Appellant by : Shri Abhay Agrawal Respondent by : Shri A.R. Ninawe ORDER This is an appeal by the assessee directed against the order of Learned CIT(App .....

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377; 2,69,332 under section 40(a)(ia) of the Act for nondeduction of TDS under section 194J of the Act. 4. The learned CIT(A) passed the order in violation of principle of natural justice. 2. Brief facts of the case are as under : In this case, the return of income for the assessment year under consideration was filed on 31-10-2007, declaring a total income at ₹ 10,76,520/-. The assessment was completed u/s 143(3) of the Act on 16-12- 2009, determining total income at ₹ 13,70,852/-. .....

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the assessee pleaded that provisions of section 40( a)(ia) were not at all applicable in this case inasmuch as the entire amount was paid at the end of the year, and no amount was payable. 6. In this regard Learned counsel placed reliance upon decision from the Honourable High Court and this ITAT for the proposition that provisions of section 40(a)(ia) are attracted only if the sum is payable at the end of the year and not upon sums which have already been paid. 7. Per Contra Learned Department .....

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(a)(ia) are not attracted inasmuch as the entire freight expenditure is paid and nothing is payable as on 31-03-2007. The facts in this regard are undisputed. The assessee s plea is that the entire freight amount was paid and nothing is payable as on 31-03-2007, and that this is duly reflected by a perusal of the balance sheet/profit & loss account where no amount is payable as on 31-03-2007. In this regard learned counsel of the assessee has placed reliance upon CIT vs. Vector Shipping Serv .....

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ould be payable and not which has been paid by the end of the year. 13. Revenue s appeal against the above said decision of the Hon ble Allahabad High Court was dismissed by the Hon ble Apex Court in CC No. 8068/2014 vide order dated 02-07-2014. The Hon ble Apex Court has held as under : Heard Mr. Mukul Rohatgi, learned Attorney General, for the petitioner. Delay in filing and refilling special leave petition is condoned. Special leave petition is dismissed. We are also aware that there are cert .....

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