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2017 (1) TMI 1368 - BOMBAY HIGH COURT

2017 (1) TMI 1368 - BOMBAY HIGH COURT - TMI - TDS u/s 194J OR 194C - whether incorrect deduction of tax has led to disallowance of expenditure under Section 40(a)(ia)? - Held that:- The grievance raised herein could be raised by the petitioner's before the Income Tax Appellate Tribunal and appropriate interim reliefs should be sought from the Tribunal, if so entitled. Mr. Suresh Kumar, on instructions, to allay the fears of the petitioner states that the respondent Revenue will not act upon the .....

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weeks from the date of communication of the final assessment order of the Assessing Officer to the petitioner. - In view of the above statement made on behalf of the Revenue, Mr. Kaka, learned Senior Counsel appearing for the petitioner seeks to withdraw the present petition.The Petition is disposed of as withdrawn. - Writ Petition No. 148 of 2017 - Dated:- 23-1-2017 - M. S. Sanklecha And A. K. Menon, JJ. Mr. Porus Kaka, Senior Counsel a/w Mr. Dinesh Chawla i/b Mr. Atul Jasani for the petiti .....

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e Act, as done by the petitioner. The incorrect deduction of tax has led to disallowance of expenditure under Section 40(a)(ia) of the Act. 2. The grievance of the petitioner is that the impugned order of the DRP has ignored the binding decisions of the Tribunal in the petitioner's own case holding that the tax in respect of the payments made to the cable operators was deductible by them under Section 194C of the Act. Notwithstanding the above, the DRP proceeds to uphold the view of the Asse .....

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