CIT v. Opera Global (P) Ltd.

RENU M. TILWANI,MUMBAI vs. ACIT 19(3), MUMBAI

In the result, appeal of the assessee is allowed in part for statistical purposes

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm आमकय अऩीर सं./Ita No.1969/Mum/2011 (नििाारण वषा / Assessment Year :2006-2007) Mrs. Renu M. Tilwani, 21, Veena Vs. Acit 19(3), Mumbai- Beena, Gr. Floor, Opp Bandra 400013 Railway Station, Bandra (W), Mumbai-400050 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aadpt 6152 H (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. ननधाारयती की ओर से /Assessee By : Shri M.Subramanian याजस्व की ओर से /Revenue By : Shri Shrikant Namdeo सुनवाई की तायीख / Date Of Hearing : 20/10/2015 घोषणा की तायीख/Date Of Pronouncement 28/10/2015 आदेश / O R D E R Per R.C.Sharma (A.M): This Is An Appeal Filed By The Assessee Against The Order Of Cit(A), Mumbai, Dated 22-12-2010, For The Assessment Year 2006-2007. 2. Rival Contentions Have Been Heard & Record Perused. Facts In Brief Are That Assessee Is Engaged In The Business Of Export & Import. The Return Of The Assessment Year 2006-07 Was Filed On 31-10-2006, Declaring Income At Rs.38,11,051/-. The Case Was Selected For Scrutiny. The Ao Had Accordingly Completed The Assessment By Making Following Additions :- I) Clearing Charges : Rs.10,41,693/- Ii) Freight Charges : Rs. 6,76,606/- Iii) Salary Payments : Rs. 3,00,000/- Iv) Interest Expenses: Rs. 5,77,389/-

…no TDS is required to be deducted at source. Even with regard to postal airfreight charges, the contention of ld. AR was that no tax is required to be deducted at source in view of the decision of Hon’ble Delhi High Court in the case of Opera Global (P) Ltd., 109 DTR 121. Ld. AR further contended that assessee has just reimbursed the expenditure and the relation between the assessee and the agent. The assessee is an agent, therefore, assessee is not required to deduct tax on such reimbursement. Even with regard to freight charges, it was contended that the payment was made by the agent of the assessee and the ass…