Case Law Details
Case Name : M/s. Vivil Exports P. Ltd. Vs ITO (ITAT Mumbai)
Appeal Number : ITA No.509/Mum/2011
Date of Judgement/Order : 26/02/2014
Related Assessment Year :
Courts :
All ITAT ITAT Mumbai
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The following disallowances were made by the AO by invoking provisions of section 40(a)(ia) of the Act: –
1 Disallowance on account of transportation charges paid to M/s. Lalji Mulji – Rs. 1 ,59,386/-
2 Disallowance on account of export freight charges paid – Rs. 6, 17,830/ –
3 Disallowance on account of export freight paid to Indian agents of foreign shipping companies – Rs. 3,70,062/-
In the opinion of the AO as well as the CIT(A), non-deduction of tax at source attracts provisions of section 40(a)(ia) of the Act and accordingly added the amount paid by the assessee as income of the assessee for the year under consideration.
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As SLP on the case of vector shipping by the Revenue was dismissed by the Apex court, it is a settled law that the expenses paid during the previous year does not attract disallowance under section 40(a)( ia).