M/S. MATRIX COMSEC PVT. LTD.,,BARODA vs. THE ACIT,CIRCLE-4, NOW DY. CIT, CIRCLE-2(1)(2),, BARODA
In the result, appeal of the assessee is allowed
ITA 2064/AHD/2015[2011-12]Status: DisposedITAT Ahmedabad21 Aug 2019AY 2011-12
Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./ Ita No. 2064/Ahd/2015 "नधा"रण वष"/Assessment Year: 2011-12 M/S. Matrix Comsec Pvt Ltd Vs. Dy. Commissioner Of C-1, 394, Gidc, Income-Tax, Makarpura, Baroda Circle – 2(1)(2), Pan : Aabcm 5892 Q Baroda अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Ms. Urvashi Sodhan, Ar Revenue By : Shri Mudit Nagpal, Sr Dr सुनवाई क" तार"ख/Date Of Hearing : 20/08/2019 घोषणा क" तार"ख /Date Of Pronouncement: 21/08/2019 आदेश/O R D E R Per Rajpal Yadav: The Assessee Is In Appeal Before The Tribunal Against The Order Of The Ld. Cit(A)-2, Vadodara Dated 28.05.2015 Passed For Assessment Year 2011- 12. 2. Though The Assessee Has Taken Three Grounds Of Appeal, But Its Grievances Revolve Around A Single Issue Viz. The Learned Cit(A) Has Erred In Confirming The Disallowance Of Advertisement Expense Of Rs.14,15,038/- Which Was Disallowed By The Assessing Officer With The Aid Of Section 40(A)(Ia) Of The Income-Tax Act On Account Of Non-Deduction Of Tds.
For Appellant: Ms. Urvashi Sodhan, ARFor Respondent: Shri Mudit Nagpal, Sr DR
Section 143(2)Section 40
…hibition charges. The character of payment, so far as the assessee is concerned, is simply of reimbursement of expenses. On materially similar facts, Hon’ble jurisdictional High Court, in the case of CIT Vs. Gujarat Narmada Valley Fertilizers Co. Ltd, [(2014) 361 ITR 192 (Guj)], has decided the issue in favour of the assessee, and observed, inter alia, as follows:- “2. It appears that the assessee claimed deduction under Section 40(a)(ia) of Rs. 6,93,372/- towards reimbursement of CHA charges paid to C & F agent and Rs. 76,00,509/- towards reimbursement of expenses towards consignment agents. The aforesaid expens…
