TMI Blog2021 (10) TMI 1154X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst the Revenue, there ceased to be any obligation on the part of the assessee for deduction of TDS. The entire area of the appeal before us by the Revenue against the rectification order u/s.154 of the Act passed by the Ld. CIT(Appeals) is in pursuance to the order of TDS deduction. That when it has been decided that the assessee was under no obligation to deduct TDS for payment to non-resident as it was not in nature of royalty, therefore, the said appeal filed by the Revenue before us becomes infructuous and hence, dismissed. - ITA No. 664/PUN/2018 - - - Dated:- 26-10-2021 - Shri R.S.Syal, VP And Shri Partha Sarathi Chaudhury, JM For the Revenue : Shri Divya Bajpai For the Assessee : Shri V. Narendra Sharma ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8377; 1,22,33,677/- on the total payment made by it of ₹ 8,15,57,840/- which was remitted within the due date for filing return of income i.e.31.10.2005 for the assessment year 2005- 06. Hence, the assessee prayed that sum of ₹ 8,15,57,840/- to be allowed as expenditure in assessment year 2005-06 as per the first proviso to section 40(a)(i) of the Act which was inserted with effect from 01.04.2015. The balance TDS of ₹ 6,84,327/- as against payment of ₹ 45,62,182/- was paid in the subsequent year i.e. 2006-07 after due date for filing return i.e. after 31.10.2005. The assessee further requested to allow expenditure of ₹ 45,62,182/- in the subsequent assessment year 2006-07. 4. Thereafter, the Ld. CIT(Appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;ble High Court has held as follows : 4. Learned Counsel for the assessee submitted that the issue involved in this appeal has been put to rest in view of the decision rendered by the Supreme Court in Civil Appeal Nos.8733-8734/2018 between Engineering Analysis Centre of Excellence Private Limited Vs. The Commissioner of Income Tax Another vide order dated 02.03.2021 and the issue involved in this appeal has been answered against the Revenue and in favour of the assessee. 5. For the reasons assigned in the aforesaid judgment rendered by the Supreme Court in Civil Appeal Nos.8733-8734/2018 vide order dated 02.03.2021, the substantial questions of law involved in this appeal are answered in favour of the assessee and against the R ..... X X X X Extracts X X X X X X X X Extracts X X X X
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