TMI Blog2020 (4) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... ct tax at source from the impugned payments made to the transport contractor. The disallowance made by the AO u/s 40(a)(ia) and confirmed by the Ld. CIT(A) for the alleged failure of the assessee to deduct tax at source thus is not sustainable and deleting the same, allow this appeal of the assessee. - I.T.A. No. 2215/Kol/2019 - - - Dated:- 26-2-2020 - Shri P.M. Jagtap, Vice President (KZ) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s exceeding ₹ 20,000/- without deducting tax at source as required by the provisions of section 194C of the Act. According to him, the said payments aggregating to ₹ 8,42,479/- were liable to be disallowed u/s 40(a)(ia) of the Act. In this regard, it was submitted on behalf of the assessee before the AO that the parties to whom the said payments were made had furnished their respective ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is appeal before the Tribunal. 3. I have heard the arguments of both the sides and also perused the relevant material available on record. The learned counsel for the assessee has submitted that all the payments in question towards freight charges were made by the assessee prior to the amendment made in the provisions of sub-section (6) of section 194C with effect from 01.06.2015 and the only r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his decision of coordinate bench of this Tribunal and having regard to the facts of the case, I am of the view that the assessee having obtained the PAN of the concerned transport contractor was eligible for immunity provided u/s 194C(6) of the Act as it is stood prior to the amendment in 2015 and he was, therefore, not liable to deduct tax at source from the impugned payments made to the transpor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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