TDS not deductible on reimbursement of management charges to overseas HO

Lloyd’s Register Quality Assurance Ltd. (India Branch Office) Vs DDIT (ITAT Mumbai) The facts of the matter are that the assessee had made payment of management charges to Lloyds Register UK. The Assessing Officer was of the opinion that the assessee should have deducted tax at source and non-payment thereof renders the same payment not allowable u/s. 40(a)(ia) of the Act. Section 40 of the Act is in the nature of a non obstante provision and there/fire, it overrides the provisions contained in sections 30 to 38 of the Act. This means that (he expenditure which is allowable under sections 3...