CIT v. Vector Shipping Services (P) Ltd.

357 ITR 642High Court2013#1313 most cited

What is CIT v. Vector Shipping Services (P) Ltd. authority for?

Section 40(a)(ia) of the Income-tax Act, 1961, applies only when an amount is payable (accrued) and not when the amount has already been disbursed or paid.

87

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. Vector Shipping Services (P) Ltd. · Section 40(a)(ia) · applicability of Section 40(a)(ia) · amounts payable · amounts paid · TDS default disallowance · Allahabad High Court 2013 · SLP dismissed Supreme Court · disallowance expenses · unpaid liabilities

Also reported as

38 Taxmann.com 77218 Taxmann 93

Sections most often in play

Section 194CSection 195Section 40(a)(ia)Section 143(3)Section 147Section 197Section 197ASection 43B

Issues it is cited on

section 194csection 201(1)section 40(a)section 40(a)(ia)non-application of mindsection 40speaking ordersection 143(3)previous yearindiaprescribedcompany

Judgments citing CIT v. Vector Shipping Services (P) Ltd.

Krishnamurthy Srinivasan, Chennai vs. ACIT, Chennai

In the result, the appeal filed by the assessee is dismissed

ITA 3396/CHNY/2016[2012-13]Status: DisposedITAT Chennai12 Jul 2017AY 2012-13

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.3396/Mds/2016 "नधा"रण वष"/Assessment Year:2012-13 Shri Krishnamurthy Srinivasan, The Assistant Commissioner Of No. 1C, Vanagaram Road, Athipet, Vs. Income Tax, Ambattur Industrial Estate, Ambattur, Non Corporate Circle 7(1), Chennai 600 058. Chennai. [Pan:Bbkps4428J] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri D. Anand, Advocate ""यथ" क" ओर से/Respondent By : Shri S. Mohamed Mustafa, Jcit सुनवाई क" तार"ख/ Date Of Hearing : 25.05.2017 घोषणा क" तार"ख /Date Of Pronouncement : 12.07.2017 आदेश /O R D E R Per Duvvuru Rl Reddy: This The Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 7, Chennai, Dated 17.10.2016 Relevant To The Assessment Year 2012-13. The Only Effective Ground Raised By The Assessee Is That The Ld. Cit(A) Has Erred In Confirming The Disallowance Of ₹.75,66,470/- Made Under Section 40(A)(Ia) Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri D. Anand, AdvocateFor Respondent: Shri S. Mohamed Mustafa, JCIT
Section 143(2)Section 143(3)Section 194Section 201(1)Section 40Section 44A

…e of ITO v. Umapathy in I.T.A. No. 2435/Mds/2014 dated 14.08.2015, the ld. CIT(A) rejected the plea of the Assessing Officer. 6.2 By holding that the judgement of the Hon’ble Allahabad High Court in the case of CIT v. Vector Shipping Services (P) Ltd. [2013] 357 ITR 642 did not decide the question of law correctly and overruled the same in a recent judgement in the case of Palam Gas Services v. CIT in Civil Appeal No. 5512 of 2017 dated 03.05.2017, the Hon’ble Supreme Court has observed and held as under: “5) Some facts which will have bearing on the aforesaid issue need to be mentioned at this stage: The appell…

ACIT, Nagercoil vs. M/S. R.S. Wind Tech Engineers Pvt. Ltd., Nagercoil

In the result, appeal of the Revenue is dismissed

ITA 2650/CHNY/2016[2012-13]Status: DisposedITAT Chennai10 Jul 2017AY 2012-13

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकरअपीलसं./I.T.A.No.2650/Mds/2016 ("नधा"रणवष" / Assessment Year: 2012-13) Vs M/S. The Asstt. Commissioner Of R.S. Wind Tech Income Tax, Engineers Pvt. Ltd., Circle -1, Nagercoil Nagercoil Pan: Aaacr7743Q (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri N. Devanathan, AdvocateFor Respondent: 03.05.2017
Section 139(1)Section 143(1)Section 143(3)Section 250(6)Section 40

…आयकर अपीलीय अिधकरण, ‘ए’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI "ी एन.आर.एस. गणेशन, "याियक सद"य एवं "ी ए. मोहन अलंकामणी, लेखा सद"य केसम" BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER आयकरअपीलसं./I.T.A.No.2650/Mds/2016 ("नधा"रणवष" / Assessment Year: 2012-13) Vs M/s. The Asstt. Commissioner of R.S. Wind Tech Income Tax, Engineers Pvt. Ltd., Circle -1, Nagercoil Nagercoil PAN: AAACR7743Q (अपीलाथ"/Appellant) (""यथ"/Respondent) : Shri Gopikrishna, JCIT अपीलाथ"क"ओरसे/ Appellant by : Shri N. Devanathan, Advocate ""यथ"क"ओरसे/Respondent by :…

DCIT, Chennai vs. M/S. Tirunelveli Vayu Energy Generation Pvt. Ltd., Chennai

In the result, the assessee’s appeal in I

ITA 2647/CHNY/2016[2010-11]Status: DisposedITAT Chennai05 Jul 2017AY 2010-11

Bench: Shri N.R.S. Ganesan & Shri D.S. Sunder Singhआयकर अपील सं./Ita No.1961/Mds/2016 "नधा"रण वष" / Assessment Year : 2010-11

For Appellant: Shri V. Nagaprasad, CAFor Respondent: Sh. P. Radhakrishnan, JCIT

…be paid. Now the contention of the assessee before this Tribunal is that the decision of Special Bench of this Tribunal in Merilyn Shipping and Transport v. ACIT in 136 ITD 23 was confirmed by Allahabad High Court in Vector Shipping Services (P) Ltd. (2013) 357 ITR 642. It is also an admitted fact that Apex Court recently held that Section 40(a)(ia) is applicable not only to the amount paid but also the amount remains to be paid. In fact, the Apex Court upheld the judgment of Calcutta High Court in Crescent Export Syndicate (supra). In view of the above, this Tribunal do not find any reason to interfere with…

Shuka Consultancy Services Pvt Ltd., Chennai vs. DCIT, Chennai

In the result, the assessee’s appeal in I

ITA 1961/CHNY/2016[2010-11]Status: DisposedITAT Chennai05 Jul 2017AY 2010-11

Bench: Shri N.R.S. Ganesan & Shri D.S. Sunder Singhआयकर अपील सं./Ita No.1961/Mds/2016 "नधा"रण वष" / Assessment Year : 2010-11

For Appellant: Shri V. Nagaprasad, CAFor Respondent: Sh. P. Radhakrishnan, JCIT

…be paid. Now the contention of the assessee before this Tribunal is that the decision of Special Bench of this Tribunal in Merilyn Shipping and Transport v. ACIT in 136 ITD 23 was confirmed by Allahabad High Court in Vector Shipping Services (P) Ltd. (2013) 357 ITR 642. It is also an admitted fact that Apex Court recently held that Section 40(a)(ia) is applicable not only to the amount paid but also the amount remains to be paid. In fact, the Apex Court upheld the judgment of Calcutta High Court in Crescent Export Syndicate (supra). In view of the above, this Tribunal do not find any reason to interfere with…

ACIT, Chennai vs. Green House Promoters Private Ltd., Chennai

In the result, the appeals of the Revenue in ITA Nos

ITA 1828/CHNY/2015[2009-10]Status: DisposedITAT Chennai21 Jun 2017AY 2009-10

Bench: Shri Chandra Poojari & Shri Duvvuru R.L. Reddyआयकर अपील सं./Ita Nos. 1785, 1796 & 1828/Mds/2015 "नधा"रण वष" /Assessment Years :2010-11, 2011-12 & 2009-2010. The Assistant Commissioner Of Income M/S. Green House Promoters Tax Vs. Pvt. Ltd, Company Circle Ii(1) No.4,Rama Rao Street, Chennai. T. Nagar, Chennai 600 017. [Pan Aaccg 2333B] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. Supriyo Pal, IRS, JCITFor Respondent: Shri. Y. Sridhar, C.A
Section 194CSection 40Section 4U

…deducted at source and remitted into Govt account within the due date to file the return of income u/s. 139(1) of the Act. Ld. Commissioner of Income Tax (Appeals) relying on the decision of Allahabad High Court in the case of Vector Shipping Services P. Ltd 357 ITR 642 held that the provisions of Sec. 40(a)(ia) of the Act are applicable only if the amounts are payable and outstanding as on 31st March of the relevant financial year. In the present case, since the assessee has already paid the above amount, the same cannot be disallowed. The ld. Commissioner of Income Tax (Appeals) deleted the disallowance. Aggri…

ACIT, Chennai vs. Green House Promoters Private Ltd., Chennai

In the result, the appeals of the Revenue in ITA Nos

ITA 1796/CHNY/2015[2011-12]Status: DisposedITAT Chennai21 Jun 2017AY 2011-12

Bench: Shri Chandra Poojari & Shri Duvvuru R.L. Reddyआयकर अपील सं./Ita Nos. 1785, 1796 & 1828/Mds/2015 "नधा"रण वष" /Assessment Years :2010-11, 2011-12 & 2009-2010. The Assistant Commissioner Of Income M/S. Green House Promoters Tax Vs. Pvt. Ltd, Company Circle Ii(1) No.4,Rama Rao Street, Chennai. T. Nagar, Chennai 600 017. [Pan Aaccg 2333B] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. Supriyo Pal, IRS, JCITFor Respondent: Shri. Y. Sridhar, C.A
Section 194CSection 40Section 4U

…deducted at source and remitted into Govt account within the due date to file the return of income u/s. 139(1) of the Act. Ld. Commissioner of Income Tax (Appeals) relying on the decision of Allahabad High Court in the case of Vector Shipping Services P. Ltd 357 ITR 642 held that the provisions of Sec. 40(a)(ia) of the Act are applicable only if the amounts are payable and outstanding as on 31st March of the relevant financial year. In the present case, since the assessee has already paid the above amount, the same cannot be disallowed. The ld. Commissioner of Income Tax (Appeals) deleted the disallowance. Aggri…

ACIT, Chennai vs. Green House Promoters P. Ltd., Chennai

In the result, the appeals of the Revenue in ITA Nos

ITA 1785/CHNY/2015[2010-11]Status: DisposedITAT Chennai21 Jun 2017AY 2010-11

Bench: Shri Chandra Poojari & Shri Duvvuru R.L. Reddyआयकर अपील सं./Ita Nos. 1785, 1796 & 1828/Mds/2015 "नधा"रण वष" /Assessment Years :2010-11, 2011-12 & 2009-2010. The Assistant Commissioner Of Income M/S. Green House Promoters Tax Vs. Pvt. Ltd, Company Circle Ii(1) No.4,Rama Rao Street, Chennai. T. Nagar, Chennai 600 017. [Pan Aaccg 2333B] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. Supriyo Pal, IRS, JCITFor Respondent: Shri. Y. Sridhar, C.A
Section 194CSection 40Section 4U

…deducted at source and remitted into Govt account within the due date to file the return of income u/s. 139(1) of the Act. Ld. Commissioner of Income Tax (Appeals) relying on the decision of Allahabad High Court in the case of Vector Shipping Services P. Ltd 357 ITR 642 held that the provisions of Sec. 40(a)(ia) of the Act are applicable only if the amounts are payable and outstanding as on 31st March of the relevant financial year. In the present case, since the assessee has already paid the above amount, the same cannot be disallowed. The ld. Commissioner of Income Tax (Appeals) deleted the disallowance. Aggri…

DCIT, Chennai vs. Shriram City Union Finance Co. Ltd., Chennai

In the result, the appeal of the assessee and the revenue are partly allowed

ITA 726/CHNY/2016[2012-13]Status: DisposedITAT Chennai07 Jun 2017AY 2012-13

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singhआयकर अपील सं./Ita No.506/Mds/2016 "नधा+रण वष+ /Assessment Year: 2012-13

For Respondent: Mr.R.Sivaraman, Adv
Section 37Section 45

…argued that the entire salary incentive was paid before 31.03.2012 and hence the provisions of Sec.40(ia) does not attract in the assessee’s case. The assessee relied on the decision of the Hon’ble Allahabad in the case of CIT v. Vector Shipping Pvt. Ltd. (357 ITR 642). 14.0 We heard the rival submissions and pursued the material placed before us. The assessee has made the payments without deduction of tax at source to the extent of Rs.40.60 Cr as per the details given above. The assessee’s argument that the amount was already paid before 31.03.2012 and hence the provisions of Sec.40(a)(ia) is not attracte…

Shriram City Union Finance Ltd., Chennai vs. DCIT, Chennai

In the result, the appeal of the assessee and the revenue are partly allowed

ITA 506/CHNY/2016[2012-2013]Status: DisposedITAT Chennai07 Jun 2017AY 2012-2013

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singhआयकर अपील सं./Ita No.506/Mds/2016 "नधा+रण वष+ /Assessment Year: 2012-13

For Respondent: Mr.R.Sivaraman, Adv
Section 37Section 45

…argued that the entire salary incentive was paid before 31.03.2012 and hence the provisions of Sec.40(ia) does not attract in the assessee’s case. The assessee relied on the decision of the Hon’ble Allahabad in the case of CIT v. Vector Shipping Pvt. Ltd. (357 ITR 642). 14.0 We heard the rival submissions and pursued the material placed before us. The assessee has made the payments without deduction of tax at source to the extent of Rs.40.60 Cr as per the details given above. The assessee’s argument that the amount was already paid before 31.03.2012 and hence the provisions of Sec.40(a)(ia) is not attracte…

Ms. Asha Gupta, New Delhi vs. JCIT, New Delhi

In the result, the appeal of the assessee is allowed

ITA 6747/DEL/2014[2010-11]Status: DisposedITAT Delhi24 Apr 2017AY 2010-11

Bench: Shri B.P. Jainassessment Year 2010-11 Ms. Asha Gupta, Vs. Jcit, Range-36, 423, Kanungo Apartments, New Delhi. I.P, Ext., Patpar Ganj, Delhi. Pan: Aetpg 8803J (Appellant) (Respondent) Revenue By : Shri P.C. Yadav, Advocate, Assessee(S) By : Ms. Bedobani Chaudhuri, Sr.D.R. सुनवाई क" तार"ख/Date Of Hearing : 20/04/2017 घोषणा क" तार"ख /Date Of Pronouncement: 20/04/2017 Order This Appeal Of The Assessee Arises From The Order Of Learned Cit(A)- Xxvii, New Delhi Vide Order Dated 15.09.2014 For The Assessment Year 2010-11. 2. The Assessee Has Raised The Following Grounds Of Appeal.

For Respondent: Shri P.C. Yadav, Advocate
Section 139Section 194Section 40

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’ NEW DELHI BEFORE SHRI B.P. JAIN, ACCOUNTANT MEMBER Assessment year 2010-11 Ms. Asha Gupta, Vs. JCIT, Range-36, 423, Kanungo Apartments, New Delhi. I.P, Ext., Patpar Ganj, Delhi. PAN: AETPG 8803J (Appellant) (Respondent) Revenue by : Shri P.C. Yadav, Advocate, Assessee(s) by : Ms. Bedobani Chaudhuri, Sr.D.R. सुनवाई क" तार"ख/Date of Hearing : 20/04/2017 घोषणा क" तार"ख /Date of Pronouncement: 20/04/2017 ORDER This appeal of the assessee arises from the order of learned CIT(A)- XXVII, New Delhi vide order dated 15.09.2014 for the assessment year 2010-11. 2. T…

Chandan Kumar Sahoo, Cuttack vs. ITO, Paradeep

In the result, the appeal filed by the assessee is allowed

ITA 43/CTK/2015[2009-10]Status: DisposedITAT Cuttack22 Mar 2017AY 2009-10

Bench: Shri N.S Sainiassessment Year :2009-2010

For Appellant: Shri P.R.Mohanty, ARFor Respondent: Shri D.K.Pradhan, DR
Section 68

…uring the year did not exceed Rs.50,000/-. It was also argued that no amount was outstanding and payable at the end of the year. Therefore, in view of the decision of Hon’ble Allahabad High Court in the case CIT vs. Victor Shipping Services (P) Ltd., (2013) 357 ITR 642(All), wherein, it has been held that for disallowing expenses from business and profession on the ground that tax has not been deducted at source, the amount should be payable and not it has been paid by the end of the year, ), no disallowance u/s.40(a)(ia) was warranted in the case of the assessee. He further submitted that the SLP filed again…

Himmat Mal Doshi, Jaipur vs. ITO, Jaipur

In the result, ground taken by the assessee is dismissed

ITA 276/JPR/2015[2011-12]Status: DisposedITAT Jaipur17 Mar 2017AY 2011-12
For Appellant: Shri G.L. Gupta (C.A.)For Respondent: Shri R.A. Verma (Addl. CIT)
Section 145(3)Section 40a

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR Jh dqy Hkkjr] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE: SHRI KUL BHARAT, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ ITA No. 276/JP/2015 fu/kZkj.k o"kZ@Assessment Year :2011-12 cuke Shri Himmat Mal Doshi, The ITO, G-845, Road, No.14, Ward-4(2), Vs. V.K.I. Area, Jaipur. Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN No. ABRPD 3822 B izR;FkhZ@Respondent vihykFkhZ@Appellant fu/kZkfjrh dh vksj ls@ Assessee by : Shri G.L. Gupta (C.A.) jktLo dh vksj ls@ Revenue by :Shri R.A. Verma (Addl. CIT) lq…

ACIT, Kota vs. Vastuvedik Colonizers & Devlopers Pvt. Ltd., Kota

In the result, ground no. (ii) of the revenue is dismissed and ground no

ITA 320/JPR/2015[2010-11]Status: DisposedITAT Jaipur15 Feb 2017AY 2010-11

Bench: The Hon’Ble High Court Was Disallowance

For Appellant: Shri Manish Agarwal (CA)For Respondent: Shri P.P. Meena (JCIT) fu/kZkfjrh dh vksj ls@
Section 194CSection 194JSection 201Section 40

…’ble High Court was disallowance made by the AO under section 40(a)(ia) of the IT Act was deleted by the ld. CIT (A) as well as by this Tribunal by following the decision of Hon’ble Allahabad High Court in the case of CIT vs. Vector Shipping Services Ltd., 357 ITR 642 (All.). Since the Hon’ble Supreme Court in case of Palam Gas Services vs. CIT, 394 ITR 300 (SC) reversed the decision in case of CIT vs. Vector Shipping Services Ltd. (supra), 2 M/s. Vastuvedik Colonizers & Developers Pvt. Ltd., Kota. therefore, the Hon’ble High Court has allowed the revenue to file the Miscellaneous Application before the Tr…

M/S. Utkal Plaster Pvt. Ltd., Bhubaneswar vs. ITO, Ward-1(3), Bhubaneswar

In the result, the appeal filed by the assessee is allowed

ITA 249/CTK/2016[2008-09]Status: DisposedITAT Cuttack23 Jan 2017AY 2008-09

Bench: Shri N.S Sainiassessment Year :2008-09

For Appellant: Shri K.K.Bal, ARFor Respondent: Shri D.K.Pradhan, DR
Section 194CSection 40Section 68

…eeping in view Circular of the CBDT No.10/DV/2013 in F.No.279(D.V/Mis/M-61/2012-ITJ(Vol.III) dt.16.12.2013. 5. The A.R. of the assessee relied on the decision of Hon’ble Allahabad High Court in the case of CIT vs. Victor Shipping Services (P) Ltd., (2013) 357 ITR 642(All), wherein, it has been held that for disallowing expenses from business and profession on the ground that tax has not been deducted at source, the amount should be payable and not it has been paid by the Asse ssment Year :20 08- 09 end of the year. He further submitted that the SLP filed against the judgment of Hon’ble Allahabad High Court…

Shri Abhijit Madhusudan Sapkal, Nagpur vs. A.C.I.T. Circle 1(1), Nagpur

In the result this appeal by the assessee stands allowed

ITA 553/NAG/2016[2007-08]Status: DisposedITAT Nagpur06 Jan 2017AY 2007-08

Bench: Shri Shamim Yahya. (S.M.C.)

For Appellant: Shri Abhay AgrawalFor Respondent: Shri A.R. Ninawe
Section 143(3)Section 194JSection 40Section 9(1)(vi)

…31-03-2007, and that this is duly reflected by a perusal of the balance sheet/profit & loss account where no amount is payable as on 31-03-2007. In this regard learned counsel of the assessee has placed reliance upon CIT vs. Vector Shipping Services (P) Ltd. 357 ITR 642 (All.). In the said case Hon’ble Allahabad High Court has upheld the finding that when the expenses incurred by the assessee is totally paid and not remained payable as at the end of the relevant accounting period, provisions of section 40(a)(ia) are not applicable. The Hon’ble High Court in para 10 of the order has concluded as under : “ It is t…

DCIT, Madurai vs. Polyspin Exports Limited, Rajapalayam

In the result, the appeal of the Revenue is allowed for statistical purpose

ITA 1890/CHNY/2016[2012-13]Status: DisposedITAT Chennai19 Dec 2016AY 2012-13

Bench: Shri Abraham P. George & Shri G. Pavan Kumar

For Appellant: Shri V Sri Krishnan, CA
Section 143(1)Section 143(2)Section 143(3)Section 194C(6)Section 194C(7)Section 40

…94C(7) of the Act and subsequently, filed Revised Form No. 26Q, and the Ld. AR relied on the decision of the Hyderabad Tribunal in case of ACIT Vs Mr. Mohamed Suhail in ITA No. 1536/Hyd/2014 dated 13.02.2015 and CIT Vs. Vector Shipping Services Pvt. Ltd., (357 ITR 642) on disallowance u/s. 40(a)(ia) of the Act. The Ld. CIT(A) has considered the findings of the assessing officer and the submissions of the assessee, and judicial decisions is of the opinion that the assessee company has obtained PAN from deductees based on the information produced along with the Quarterly return in the Form No. 26Q, since there…

DCIT, Madurai vs. Penguin Apparels (P) Ltd., Madurai

In the result, the assessee’s appeal is allowed for statistical purposes

ITA 1782/CHNY/2016[2012-13]Status: DisposedITAT Chennai19 Dec 2016AY 2012-13

Bench: Shri Sanjay Arora & Shri G. Pavan Kumarआयकर अपील सं./Ita No.1782/Chny/2016 "नधा"रण वष" / Assessment Year : 2012-13

For Appellant: Smt. H.Kabila, Jt.CITFor Respondent: Shri R.Srinivasan, Advocate
Section 143(3)Section 194Section 40

…s. 40(a)(ia). Besides, the amounts stand paid, while s. 40(a)(ia) is applicable only with reference to the amounts that are payable as at the end of the year, relying for the said proposition on the decision in CIT v. Vector Shipping Services Pvt. Ltd. [2013] 357 ITR 642 (All). The assessee being allowed relief on that basis, aggrieved, the Revenue is in appeal. 3 Penguin Apparels v. Dy. CIT 3. We have heard the parties, and perused the material on record. The issue before us is if there has been a failure on the part of the assessee to deduct tax in accordance with the provisions of Chapter XVII-B of the Act,…

Hero Motocorp Limited, New Delhi vs. JCIT, New Delhi

In the result appeal of the assessee in ITA No

ITA 1545/DEL/2015[2010-11]Status: DisposedITAT Delhi24 Oct 2016AY 2010-11

Bench: Sh. I. C. Sudhir & Shri Prashant Maharishihero Motocorp Limited, Jcit, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi Pan: Aaach0812J (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. NC Sawain, CIT DR
Section 143Section 143(3)Section 144CSection 92C

…ut prejudice, only the outstanding liabilities against expenses incurred at the end of the year are liable for disallowance under section 40(a)(ia), in the event of failure on part of appellant to deduct tax at source. (Refer: Vector Shipping Services P. Ltd: 357 ITR 642 (All.) [SLP filed by Hero MotoCorp Limited Vs. JCIT & DCIT Vs. Hero MotoCorp Ltd. ITA Nos. 1545/Del/2015 and 2424/Del/2015 (AY 2010-11) ITA No. 1609/Del/2016 and 914/Del/2016 (AY 2011-12) Page 147 of 484 revenue has been dismissed vide CC No(s). 8068/2014 dated 02.07.2014] and Merilyn Shipping and Transport v. ACIT: 146 TTJ 1 (Vishak.)(SB)] dd)…

M/S. Bharti Airtel Ltd., New Delhi vs. Addl. CIT, New Delhi

In the result appeal of the assessee with respect to ground No

ITA 5816/DEL/2012[2008-09]Status: DisposedITAT Delhi24 Oct 2016AY 2008-09

Bench: Shri I.C.Sudhir & Shri Prashant Maharishibharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vasant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent) Bharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vaxant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent)

For Appellant: Sh. Ajay Vohra, SrFor Respondent: Sh. NC Swain, CIT DR (OSD)
Section 201Section 254Section 40

…nd not payable in that case the provision of section 40a (ia} is required to be applied and no disallowance is called for to the extent sums are paid, in view of the decision of the Hon'ble Allahabad High Court in the case of CIT v. Vector Shinning Pvt. Ltd.: 357 ITR 642. In view of this above two directions, we set aside the issue to the file of the AO for verification if the payments are made to the agents of foreign shipping agents then no disallowance is called for. Further, the disallowance is also required to be reduced to the extent of amount paid by the assessee in view of decision of the Hon'ble Allahaba…

Asst CIT Cir 4, Thane vs. Amol Antony Periera, Thane

In the result appeal filed by the revenue for the Asst

ITA 6237/MUM/2012[2009-10]Status: DisposedITAT Mumbai19 Sept 2016AY 2009-10

Bench: Shri G.S.Pannu (Am) & Shri. Ram Lal Negi (Jm) Assessment Year: 2009-10

For Appellant: Shri. A. RamchandranFor Respondent: Ms. Neha Paranjpe
Section 143(3)Section 194Section 40

…0 of 2013) have held that the decision rendered by the Special Bench in the case of Meryline Shipping & Transports is not a good law. The Ld A.R, however, placed reliance on the decision of Hon'ble Allahabad High Court in the case of Vector Shipping Services (357 ITR 642). On a careful perusal of the decision given by Hon'ble Allahabad High Court, we notice that the High Court has decided the issue referred to it on a different footing and has made a passing comment about the decision rendered by the Special Bench. Thus, the ratio of the said decision is different from that rendered in the case of Meryline Shippi…