Case Law Details
State Bank of Bikaner and Jaipur (Now SBI) Vs ITO (TDS) (ITAT Jaipur)
ITO(TDS) referring to the provisions of Section 10(5) of the Income Tax Act and Rule 2B of Income Tax Rules, 1962 held that the exemption for LTC/LFC is available only for visit to any place in India, provided that the amount exempt under this clause shall in no case exceed the amount of expenses actually incurred for the purpose of such travel. Therefore, the assessee bank was held as “assessee in default” for not deducting the TDS on the reimbursement to the extent of journey performed by these five officers outside of India.
ITAT held that order of the ld CIT(A) is hereby affirmed where he has held the assessee bank to be assessee in default for short-deduction of TDS on LFC/LTC claim relating to foreign leg of the travel of its employees being not eligible for exemption under section 10(5) r/w Rule 2B.
FULL TEXT OF THE ITAT JUDGEMENT
This is an appeal filed by the assessee against the order of ld. CIT(A), Kota dated 31.08.2018 for Assessment Year 2013-14 wherein the assessee has taken following grounds of appeal:-
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