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No disallowance for non-deduction of TDS on reimbursement of Expenses
Case Law Details
- Case Name
- Mitra Logistic Pvt. Ltd. Vs ITO (ITAT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2006-07 & 2008-09
- Courts
- 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 natu...







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