No TDS Disallowance u/s 40(a)(i) due to lack of incriminating evidence in sec.153A assessment

JMC Projects (India) Ltd. Vs ACIT (ITAT Ahmedabad) Conclusion: Disallowance of Tax Deducted at Source (TDS) under Section 40(a)(i) by AO was not justified as assessment under Section 153A was invalid due to the absence of incriminating evidence. Held: Assessee had entered into a contract with Bemo Project Engineering LLC for the design, supply, and installation of roofing for the indoor cycling Velodrome at Indira Gandhi Stadium, New Delhi. The contract, according to the MoU, was indivisible, with Bemo responsible for both the materials and services. AO noted that under the India-UAE DTAA, a p...