TMI Blog2016 (7) TMI 1604X X X X Extracts X X X X X X X X Extracts X X X X ..... - In the course of assessment proceedings, the Assessing Officer noticed that assessee had paid tax in respect of the charges for services provided by Visa/Mastercard International on the ground that such an expenditure was borne out of contractual obligation. The claim of the assessee was that in terms of the agreement with Visa/Mastercard International, assessee was required to bear the tax liab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the aforesaid precedents, there is no error on the part of CIT(A) in deleting the addition, which we hereby affirm. In the result, appeal of the Revenue for Assessment dismissed. - ITA NOS. 1436 & 1437/MUM/2015 - - - Dated:- 22-7-2016 - SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH, JUDICIAL MEMBER For the Assessee : Shri Yash Shah Shri Dalpat Shah For the Revenue : S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . CIT(A) has erred in allowing the tax deducted on the service charges paid for the services provided by Visa/Mastercard International, ignoring the pertinent fact that this payment was not an expenditure in the hands of the assessee and had not been incurred for the purpose of the assessee s business and consequently, the TDS paid was not an allowable deduction. 4. Briefly put, the relevant f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claimed as business expenditure on this count. The Assessing Officer, however, disallowed the expenditure on the basis of his stand in the earlier years. The CIT(A) noticed that the Tribunal in the assessee s own case for (i) Assessment Years 2003-04, 2004-05 2005-06 vide ITA Nos. 4882, 2475, 6527/Mum/2010 dated 20.6.2012; (ii) Assessment Year 2007-08 vide ITA No. 7678/Mum/2010 dated 18.9.2012 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acts and circumstances are pari materia to those considered by us in the Revenue s appeal for Assessment Year 2010-11 in the earlier paragraphs; and, thus our decision in the appeal for Assessment Year 2010-11 shall mutatis mutandis apply for Assessment Year 2011-12 also. 7. Resultantly, captioned appeals of the Revenue are dismissed. Order pronounced in the open court on 22nd July, 2016. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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