Case Law Details
Case Name : Mitra Logistic Pvt. Ltd. Vs ITO (ITAT Kolkata)
Related Assessment Year : 2006-07 & 2008-09
Courts :
All ITAT ITAT Kolkata
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Mitra Logistic Pvt. Ltd. V. ITO – There is no dispute about the fundamental posit ion that as long as the payments are for reimbursements, and not expenditure, the tax deduct ion obligations do not come into play and accordingly, disallowance u/s. 40(a)(i ) cannot be made either. In support of this proposition, our attention is invited to a coordinate bench decision in the case of Satyendra Jhunjhunwalla –vs. – ITO (ITA No. 1988/Kol. /2009; order dated 11.11.2011). He, however, fairly submits that as this aspect of the matter, i.e. payment being in the nature of reimburseme...
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No reimbursement is a charge like return of fund that has already been expended by the claimed on behalf hence never be a part of income of the receipient. Also in that case no TDS provisions are applied in that case