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| The Tax Publishers2019 TaxPub(DT) 6538 (Ahd-Trib) INCOME TAX ACT, 1961
Section 40(a)(ia)
With regard to freight disallowance of Rs. 41,000 general reply had been submitted, therefore, disallowance was confirmed. For the remaining amount of Rs. 4,14,000 AO was directed to verify PAN No. furnished by assessee and if contention of assessee was found correct, then to decide issue in accordance with law.
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Business disallowance under section 40(a)(ia) - Non-deduction of tax at source - General reply submitted by assessee as regards part of the freight payment made without TDS under section 194C -
Assessee claimed deduction of freight payment of Rs. 4,55,000 AO disallowed deduction under section 40(a)(ia) for want of TDS under section 194C. Assessee's case was that concerned amount was paid at Rs. 41,000 to 'S' and Rs. 4,14,000 to 'K' PAN No. of 'K' was ACGPM2776E and as per section 194C no tax deduction under section 194C was called for.Held: With regard to freight disallowance of Rs. 41,000 general reply had been submitted, therefore, disallowance was confirmed. For the remaining amount of Rs. 4,14,000 AO was directed to verify PAN No. and if contention of assessee was found correct, then to decide issue in accordance with law.
REFERRED :
FAVOUR : Partly in assessee's favour (by way of remand).
A.Y. : 2008-09 & 2010-11
INCOME TAX ACT, 1961
Section 68
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