TMI Blog2023 (4) TMI 811X X X X Extracts X X X X X X X X Extracts X X X X ..... ons created by the appellant in the total income for the year under consideration and also paid taxes thereonA copy of the certificate of the Accountant under first proviso to sub-section 1 of section 201 filed by the appellant in this regard is enclosed as Annexure-1 to this order. The appellant contention that in view of the decision of Hindustan Coca-Cola Beverage (P.) Ltd. [ 2007 (8) TMI 12 - SUPREME COURT] and in view of the CBDT Circular No. 2758201/95-IT/B dated 29/01/1997, the demand raised w/s 201(1) may be deleted is aggreable. It is a fact on record that the amounts of provisions created by the appellant on which TDS was not deducted had been duly included by the deductee in the return of income filed for the year in which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... non-deduction of TDS on provision made for certain expenses without deduction tax at source u/s. 201(1)/201(1A) of the Act. 3. We have heard rival submissions and perused the materials available on record. A TDS survey was conducted at the premises of assessee, wherein it was found that assessee was not deducting TDS on certain provision made for expenses. When confronted, the assessee submitted that the provision is made for certain expenses wherein the payees are not identifiable at the time of making provision. Hence deduction of tax at source could not be made on the same. However, as and when the payments are made, the assessee on knowing the payees, had duly deducted tax at source. The ld. AO however did not agree to this proposit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... crores has been created was held from 9 to 14 October, 2010 and the invoice for the same was raised from 16/11/2010. The total invoice raised was Rs. 8,32,12,323/-. In these circumstances, the fact whether the amount payable at the time of creation of provisions was ascertainable or not is debatable issue. The appellant has contended that in any case, the deductee had filed the return of income for the Ay in which the invoices were raised in the AY immediately succeeding the year in which the provisions were created and had included the amounts received on account of these expenses including the amount of provisions created by the appellant in the total income for the year under consideration and also paid taxes thereon. A copy of the certi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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