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Case Law Details

Case Name : Lionbridge Technologies Private Limited Vs ITO (International Taxation) (TDS) (ITAT Mumbai)
Related Assessment Year :
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CA.V.Vivek Rajan

Brief of the Case

ITAT Mumbai has held in the case of Lionbridge Technologies Private Limited vs ITO (International Taxation) (TDS) that There is no liability to deduct tax at source on reimbursement of cost. Consequently for not deducting tax at source, the assessee cannot be treated as assessee in default under sections 201/ 201(1A).

Brief Facts of the Case

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0 Comments

  1. CA . Bhavesh Mange says:

    I fully agree with Mr.C.A.M. Lakshmanan. It is undue hardship to the tax payer . When these kind of wrong practices and wrong demand by department will stop ? Especially in the case of service tax. They want items which are not falling within the purview of service are also to be taxed since now all the services are taxable.

  2. C.A.M. Lakshmanan says:

    When it is clear that the amount paid is only towards reimbursement, where is the question of TDS? One has to approach ITAT/High Court to prove that the amount paid is for reimbursement is not an “INCOME”. Till recently tax was deducted at source on the service tax component also. Similarly the act was amended in the recent budget to collect service tax on the expenses reimbursed treating the reimbursement of expenses as amount paid for services rendered. Here also one has to file a writ and prove that reimbursement is not service.

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