Sponsored
    Follow Us:

Case Law Details

Case Name : Sri Balaji Prasanna Travels Vs ACIT (ITAT Bangalore)
Appeal Number : ITA No.2078/Bang/2019
Date of Judgement/Order : 25/11/2020
Related Assessment Year : 2015-16
Become a Premium member to Download. If you are already a Premium member, Login here to access.
Sponsored

Balaji Prasanna Travels Vs ACIT (ITAT Bangalore)

It is observed that as agreed by and between the assessee and the cab owners, a vehicle was to be provided by the assessee to the parties and thus, the assessee was to bear the vehicle expenses actually incurred by the said cab owners and which will be reimbursed by the parties concerned. If bills for such expenses incurred by the said cab owners were separately raised by them on the assessee in addition to bills for hire charges and since the amount of bills so raised was towards the actual expenses incurred by them, there was no element of any profit involved in the said bills. It was thus a clear case of reimbursement of actual expenses incurred by the assessee and the same, therefore, was not of the nature of payment covered by section 194C of the Act requiring the assessee to deduct tax at source therefrom, where bills were raised separately by the cab owners for reimbursement of actual expenses incurred by them. As such, considering all the facts of the case, we are of the view that the provisions of section 194C of the Act were not applicable to the reimbursement of actual expenses and the assessee was not liable to deduct tax at source from such reimbursement. Accordingly, we direct the A.O. to verify the claim of the assessee in the light of our above observation.

TDS not applicable on reimbursement of actual CAB expenses

FULL TEXT OF THE ITAT JUDGEMENT

This appeal by the assessee is directed against order of the CIT(A) dated 30.7.2019. The assessee has raised following grounds of appeal:-

Please become a Premium member. If you are already a Premium member, login here to access the full content.

Sponsored

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

Leave a Comment

Your email address will not be published. Required fields are marked *

Sponsored
Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031