Transmission Corporation of Andhra Pradesh v. CIT

239 ITR 587Supreme Court of India1999#357 most cited

What is Transmission Corporation of Andhra Pradesh v. CIT authority for?

The Supreme Court lays down principles for deducting tax at source (TDS) under Section 195 on payments to non-residents, including aspects of income deemed taxable in India and the application of Double Taxation Avoidance Agreements (DTAAs) under Section 90.

243

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2009 to 2026.

Also referred to as

Transmission Corporation of Andhra Pradesh v. CIT · 239 ITR 587 · Section 195 · withholding tax on non-residents · TDS payments to non-residents · Section 40(a)(i) disallowance · income deemed to accrue in India · Section 9(1) · Double Taxation Avoidance Agreement · Section 90 · business connection · fees for technical services

Sections most often in play

Section 195Section 37(1)Section 115JBSection 90Section 40(a)(i)Section 10AASection 143(3)Section 234B

Issues it is cited on

section 195(2)section 195(1)section 90(2)business connectionsection 195section 201(1a)section 201(1)section 40(a)(i)section 9(1)fees for technical servicespermanent establishmentsection 194

Judgments citing Transmission Corporation of Andhra Pradesh v. CIT

ACIT, Circle-4(1), Kolkata vs. M/S. Goodrick Group Ltd., Kolkata

ITA 2088/KOL/2016[2011-12]Status: DisposedITAT Kolkata17 Aug 2018AY 2011-12

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 40

…yments in lieu of their services rendered outside India in the nature of procuring export orders. The Assessing Officer invoked section 40(a)(i) of the Act on account of non deduction of TDS thereupon. He quoted Transmission Corporation of India of AP Limited 239 ITR 587 (SC) for disallowing the assessee’s instant two exports commission claims. The CIT(A)’s reverses the above assessment findings in former assessment year as follows:- ITA No.2086-2088/Kol/2016 AYs 09-10 to 11-12 ACIT, Cir-4(1), Kol. Vs. M/s Goodrick Group Ltd. Page 3 “The ARs of the assessee have submitted that the appellant had a contractual lia…

ACIT, Circle-4(1), Kolkata vs. M/S. Goodrick Group Ltd., Kolkata

ITA 2087/KOL/2016[2010-11]Status: DisposedITAT Kolkata17 Aug 2018AY 2010-11

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 40

…yments in lieu of their services rendered outside India in the nature of procuring export orders. The Assessing Officer invoked section 40(a)(i) of the Act on account of non deduction of TDS thereupon. He quoted Transmission Corporation of India of AP Limited 239 ITR 587 (SC) for disallowing the assessee’s instant two exports commission claims. The CIT(A)’s reverses the above assessment findings in former assessment year as follows:- ITA No.2086-2088/Kol/2016 AYs 09-10 to 11-12 ACIT, Cir-4(1), Kol. Vs. M/s Goodrick Group Ltd. Page 3 “The ARs of the assessee have submitted that the appellant had a contractual lia…

Teki Venkata Rama Rao, Kakinada vs. The ITO, Kakinada

In the result, appeal of the assessee is partly allowed for statistical purpose

ITA 151/VIZ/2017[2012-2013]Status: DisposedITAT Visakhapatnam10 Aug 2018AY 2012-2013

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.151/Viz/2017 (धििाारण िर्ा/Assessment Year:2012-13) Sri Teki Venkata Ramana Rao Vs. Income Tax Officer D.No.11-2-10 (International Taxation) Seshasai Street Kakinada Ramarao Peta Kakinada, E.G.Dist [Pan :Affpt6413G] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलार्थी की ओर से/ Appellant By : Shri I.Kama Sastry, Ar प्रत्यार्थी की ओर से/ Respondent By : Shri V.Appala Raju, Dr सुनवाई की तारीख / Date Of Hearing : 25.07.2018 10.08.2018 घोषणा की तारीख/Date Of Pronouncement :

For Appellant: Shri I.Kama Sastry, ARFor Respondent: Shri V.Appala Raju, DR
Section 195Section 201Section 201(1)Section 201(2)

…herefore he should have deducted tax at the specified rates from the sale consideration to be paid. In coming to this view of the matter, we find support from the decision of the Hon'ble Apex Court in the case of Transmission Corpn. of A.P. Ltd. v. CIT [1999] 239 ITR 587/105 Taxman 742 wherein the Hon'ble Court has held - "the purpose of sub-section(1) of section 195 is to see that on the sum which is chargeable under section 4 of the Act, for levy and collection of income tax, the payer should deduct income tax thereon at the rates in force, if the amount is to be paid to a non-resident. The said provision is fo…

Ananth Technologies Limited., Hyderabad vs. Dy. Commissioner of Income Tax, Circle-1(1)., Hyderabad

In the result, the appeal of assessee is allowed

ITA 1246/HYD/2017[2013-14]Status: DisposedITAT Hyderabad20 Jul 2018AY 2013-14

Bench: Shri B. Ramakotaiah & Shri Challa Nagendra Prasad

For Appellant: Shri A.V. Raghuram, ARFor Respondent: Smt. N. Swapna, DR
Section 195Section 40Section 9Section 9(1)(i)

…eduction of TDS under section 195 of the Act. Accordingly, the provisions of section 40(a)(ia) of the Act are not applicable. The case law relied on by the learned Departmental Representative in the case of Transmission Corporation of A.P. Limited reported in 239 ITR 587 (SC) and the decision of this Tribunal in the case of Cheminor Drugs vs. ITO is not applicable to the facts of the case under consideration, as in this case, the assessee made the payment directly to the non-resident agents for rendering services abroad. In view of the above, we do not see any infirmity in the order of the CIT(A) on this issue an…

Systems America (India) Ltd vs. Addl. Commissioner of Income Tax

In the result, appeal of the assessee is partly allowed and that of the Department is dismissed

ITA 905/DEL/2005[2001-2002]Status: DisposedITAT Delhi12 Jul 2018AY 2001-2002

Bench: Shri N.K. Saini & Shri Kuldip Singh

For Respondent: Sh. M. Baranwal, Sr. DR
Section 10ASection 10A(9)Section 195Section 234BSection 250Section 35DSection 37(1)Section 80

…y amounting to Rs. 26,49,045/- was towards acquisition of software. He, therefore, sustained the disallowance made by the AO. Reliance was placed on the judgment of Hon’ble Supreme Court in the case of Transport Corporation of A.P. Limited vs. CIT reported at 239 ITR 587. 34. Being aggrieved the assessee is in appeal. 35. The learned counsel for the assessee reiterated the submissions made before the authorities below and further submitted that the AO failed to appreciate that the amount in question incurred on purchase of software was not chargeable to tax in India and therefore no tax was required to be deducte…

ACIT, Circle-7(1) vs. System America India Ltd

In the result, appeal of the assessee is partly allowed and that of the Department is dismissed

ITA 1492/DEL/2005[2001-2002]Status: DisposedITAT Delhi12 Jul 2018AY 2001-2002

Bench: Shri N.K. Saini & Shri Kuldip Singh

For Respondent: Sh. M. Baranwal, Sr. DR
Section 10ASection 10A(9)Section 195Section 234BSection 250Section 35DSection 37(1)Section 80

…y amounting to Rs. 26,49,045/- was towards acquisition of software. He, therefore, sustained the disallowance made by the AO. Reliance was placed on the judgment of Hon’ble Supreme Court in the case of Transport Corporation of A.P. Limited vs. CIT reported at 239 ITR 587. 34. Being aggrieved the assessee is in appeal. 35. The learned counsel for the assessee reiterated the submissions made before the authorities below and further submitted that the AO failed to appreciate that the amount in question incurred on purchase of software was not chargeable to tax in India and therefore no tax was required to be deducte…

Ciena India Pvt. Ltd., Gurgaon vs. ITO, New Delhi

In the result, both the appeals of the assessee are allowed

ITA 984/DEL/2011[2008-09]Status: DisposedITAT Delhi29 Jun 2018AY 2008-09

Bench: Shri Amit Shukla & Shri O.P. Kant

For Appellant: Ms. Reetika Garg (CA) &For Respondent: Sh. Surender Pal (Sr. DR)
Section 195Section 201Section 201(1)

…under section 195(2) of the Act from the Assessing Officer and it had also not filed an accountant certificates thus, considering the provisions of section 195(2) and decision of the Hon’ble Supreme Court in the case of Transmission Corporation of AP limited 239 ITR 587 and decision of the Tribunal Delhi bench dated 30/11/2007 in the case of Van Oord ACZ India private limited in ITA No. 2126/12/2007, the assessee defailure in deducting taxed source. (b) In respect payments at serial No. 3, 5, 6, 7, 9 and 10 of the above table, the assessee was assessee-in-default under section 201 for having failed to deduct ta…

Ciena India Pvt. Ltd., Gurgaon vs. ITO, New Delhi

In the result, both the appeals of the assessee are allowed

ITA 959/DEL/2011[2007-08 (F.Y. 2006-07)]Status: DisposedITAT Delhi29 Jun 2018

Bench: Shri Amit Shukla & Shri O.P. Kant

For Appellant: Ms. Reetika Garg (CA) &For Respondent: Sh. Surender Pal (Sr. DR)
Section 195Section 201Section 201(1)

…under section 195(2) of the Act from the Assessing Officer and it had also not filed an accountant certificates thus, considering the provisions of section 195(2) and decision of the Hon’ble Supreme Court in the case of Transmission Corporation of AP limited 239 ITR 587 and decision of the Tribunal Delhi bench dated 30/11/2007 in the case of Van Oord ACZ India private limited in ITA No. 2126/12/2007, the assessee defailure in deducting taxed source. (b) In respect payments at serial No. 3, 5, 6, 7, 9 and 10 of the above table, the assessee was assessee-in-default under section 201 for having failed to deduct ta…

Cebon Apparel P.Ltd, Mumbai vs. DCIT 6(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1651/MUM/2016[2008-09]Status: DisposedITAT Mumbai29 May 2018AY 2008-09

Bench: Shri C.N. Prasad & Shri Rajesh Kumarita No. 1651/Mum/2016 Assessment Year : 2008 – 09

For Appellant: Shri Sunil A Desai, A.RFor Respondent: Shri M.C. Omi Ningshen, D.R
Section 14ASection 40Section 9Section 9(1)Section 9(1)(vii)

…ng payment is liable for deducting tax at source. If the person has any doubt for deduction of tax, then he should approach the Assessing Officer as provided in section 195(2). Further, the Hon'ble Supreme Court in the case of Transmission Corp. Of A.P. Ltd.( 239 ITR 587) has held that if the 5 M/s. Cebon Apparel Pvt. Ltd., . assessee has made no application under section 195 (2), then tax must be deducted under section 195(1). In view of the above the appellant is liable to deduct tax at source as provided in section 195 of the Act and therefore as the same is not deducted all provisions of section 40(a)(i)(A) i…

DCIT, Chandigarh vs. M/S Winsome Textiles Industries Ltd., Chandigarh

In the result, all the appeals of the Revenue are dismissed

ITA 933/CHANDI/2017[2012-13]Status: DisposedITAT Chandigarh18 May 2018AY 2012-13

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

For Appellant: Shri. Tej Mohan SinghFor Respondent: Shri. D.S. Kalyan
Section 195Section 40Section 9

…erned in these cases before us. Therefore, in our view, there are adequate safeguards in the Act which would prevent revenue leakage. Applicability of the judgment in the case of Transmission Corporation (supra) 10. In Transmission Corporation's case [1999] 239 ITR 587 (SC) a non-resident had entered into a composite contract with the resident party making the payments. The said composite contract not only comprised supply of plant, machinery and equipment in India, but also comprised the installation and commissioning of the same in India. It was admitted that the erection and commissioning of plant and machin…

DCIT, Chandigarh vs. M/S Winsome Yarns Ltd., Chandigarh

In the result, all the appeals of the Revenue are dismissed

ITA 932/CHANDI/2017[2011-12]Status: DisposedITAT Chandigarh18 May 2018AY 2011-12

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

For Appellant: Shri. Tej Mohan SinghFor Respondent: Shri. D.S. Kalyan
Section 195Section 40Section 9

…erned in these cases before us. Therefore, in our view, there are adequate safeguards in the Act which would prevent revenue leakage. Applicability of the judgment in the case of Transmission Corporation (supra) 10. In Transmission Corporation's case [1999] 239 ITR 587 (SC) a non-resident had entered into a composite contract with the resident party making the payments. The said composite contract not only comprised supply of plant, machinery and equipment in India, but also comprised the installation and commissioning of the same in India. It was admitted that the erection and commissioning of plant and machin…

DCIT, Chandigarh vs. M/S Winsome Yarns Ltd., Chandigarh

In the result, all the appeals of the Revenue are dismissed

ITA 804/CHANDI/2017[2012-13]Status: DisposedITAT Chandigarh18 May 2018AY 2012-13

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

For Appellant: Shri. Tej Mohan SinghFor Respondent: Shri. D.S. Kalyan
Section 195Section 40Section 9

…erned in these cases before us. Therefore, in our view, there are adequate safeguards in the Act which would prevent revenue leakage. Applicability of the judgment in the case of Transmission Corporation (supra) 10. In Transmission Corporation's case [1999] 239 ITR 587 (SC) a non-resident had entered into a composite contract with the resident party making the payments. The said composite contract not only comprised supply of plant, machinery and equipment in India, but also comprised the installation and commissioning of the same in India. It was admitted that the erection and commissioning of plant and machin…

DCIT, C-4(1), Chandigarh vs. M/S Winsome Yarns Ltd, Chandigarh

In the result, all the appeals of the Revenue are dismissed

ITA 1321/CHANDI/2017[2013-14]Status: DisposedITAT Chandigarh18 May 2018AY 2013-14

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

For Appellant: Shri. Tej Mohan SinghFor Respondent: Shri. D.S. Kalyan
Section 195Section 40Section 9

…erned in these cases before us. Therefore, in our view, there are adequate safeguards in the Act which would prevent revenue leakage. Applicability of the judgment in the case of Transmission Corporation (supra) 10. In Transmission Corporation's case [1999] 239 ITR 587 (SC) a non-resident had entered into a composite contract with the resident party making the payments. The said composite contract not only comprised supply of plant, machinery and equipment in India, but also comprised the installation and commissioning of the same in India. It was admitted that the erection and commissioning of plant and machin…

DCIT, Corporate Circle-1(2), Bhubaneswar vs. M/S. National Aluminium Company Limited, Bhubaneswar

In the result, appeal of the assessee i

ITA 339/CTK/2016[2010-11]Status: DisposedITAT Cuttack27 Apr 2018AY 2010-11

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अऩीऱ सं./Ita No.339 & 340/Ctk/2016 Dcit, Corporate Circle1(2)/ Vs. National Aluminium Company Acit, Circle-2(2), Limited, Bhubaneswar Nalco Bhavan, P/1, Nayapalli, Bhubaneswar स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No. : Aaacn 7449 M (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. & आयकर अऩीऱ सं./Ita No.352 & 353/Ctk/2016 & Ita No.374/Ctk/2014 (नििाारण वषा / Assessment Year :2010-11, 2012-13 & 2011-12) National Aluminium Company Vs. Jcit Range-2/ Limited, Acit, Corporate Circle-1(2) Nalco Bhavan, P/1, Nayapalli, Bhubaneswar Bhubaneswar स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No. : Aaacn 7449 M (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. & Cross Objection No.01/Ctk/2015 & 25/Ctk/2016 (Arising Out Of Ita Nos.376/Ctk/14 & Ita No.340/Ctk/2016) (नििाारण वषा / Assessment Year :2011-2012 & 2012-2013) National Aluminium Company Vs. Acit, Circle-2(2)/ Limited, Dcit, Corporate Circle- Nalco Bhavan, P/1, Nayapalli, 1(2), Bhubaneswar Bhubaneswar स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No. : Aaacn 7449 M (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri Ved Jain/B.K.Mahapatra, ARsFor Respondent: Shri Saad Kidwai, CIT DR
Section 14A

…tion) v. Samsung Electronics Co. Ltd, [2009] 185 Taxman 313 (Kar.)/ [2010] 320 ITR 209. The AO is of the opinion that the decision of the A P High Court in the case of transmission Corporation of A. P. Ltd. v. CIT, which was approved by the Supreme :,Court in 239 ITR 587 (SC) is applicable and accordingly the assessee was liable to deduct tax u/s.195(1). In this case the AO may have considered that the person making payments to a non-resident cannot take a unilateral decision that the payments made by him are not sums chargeable to income tax, and therefore he cannot make such payments without deducting tax at so…

Paradeep Phosphates Ltd., Bhubaneswar vs. JCIT, Range-1, Bhubaneswar

In the result, appeal of the assessee is allowed for statistical purposes and appeal of Revenue is dismissed

ITA 560/CTK/2013[2009-10]Status: DisposedITAT Cuttack27 Apr 2018AY 2009-10
For Appellant: Shri B.K.Mahapatra/A.K.Sabat, ARFor Respondent: Shri Saad Kidwai, CITDR

…ord ACZ (India) Vs. CIT (Delhi) dtd.24.03.2010, Hon'ble High Court has stated that the obligation to deduct tax at source u/s.195(1) arises only when the payment to chargeable to tax in 'India. 8. In case of Transmission Corporation of AP Ltd. Vs. CIT (1999)- 239 ITR 587 (SC) (cited by RAP), Hon'ble Supreme Court has given its findings as below:- "in this view of the matter, the answer given by the High Court that (i) the assessee who made payments to the three non- residents was under obligation to deduct tax at source u/s.195 21 & ITA No.02/CTK/2014 of the I.T.Act in respect of the sums paid to them under the…

ACIT, New Delhi vs. Smt. Sangeeta Khanna, New Delhi

ITA 1522/DEL/2014[2010-11]Status: DisposedITAT Delhi23 Apr 2018AY 2010-11

Bench: Shri N.K. Saini & Shri Kuldip Singh

For Appellant: Shri U.S. Kochar, AdvocateFor Respondent: Shri Amit Jain, Senior DR
Section 195Section 40Section 40(1)(i)

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘G’ : NEW DELHI) BEFORE SHRI N.K. SAINI, ACCOUNTANT MEMBER and SHRI KULDIP SINGH, JUDICIAL MEMBER ITA No.1522/Del./2014 (ASSESSMENT YEAR : 2010-11) ACIT, Circle 27 (1), vs. Smt. Sangeeta Khanna, New Delhi. RZ-A-4, Dwarka Puri, Palam Road, New Delhi. (PAN : ABAPK9156E) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri U.S. Kochar, Advocate REVENUE BY : Shri Amit Jain, Senior DR Date of Hearing : 19.04.2018 Date of Order : 23.04.2018 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : The appellant, Assistant Commissioner of Income-tax, Circle 27 (1), New Delhi (hereinafte…

M.C.Ranganathan & Co., Chennai vs. ITO, Chennai

In the result, appeal of the assessee is allowed for statistical purposes as indicated herein above

ITA 1346/CHNY/2017[2013-14]Status: DisposedITAT Chennai16 Apr 2018AY 2013-14

Bench: Shri N.R.S. Ganesan & Shri A.Mohan Alankamony

For Appellant: Shri AR.V. Sreenivasan, JCITFor Respondent: 08.02.2018
Section 143(1)Section 143(2)Section 143(3)Section 195Section 201(1)Section 250(6)Section 40Section 40a

….AR submitted that the NRI Shri Venkat Ramani had filed his return of income in the relevant assessment year and paid the tax. Therefore relying in the decision of the Hon’ble Apex Court in the case Transmission Corporation of AP & other vs. ITO reported in 239 ITR 587, the Ld.AR argued by stating that, when there is no tax liability in the case of the recipient of the rent then the provisions of Section 195 of the Act cannot be invoked. It was therefore pleaded that the addition made by the Ld.AO may be deleted. The Ld.DR on the other hand relied on the orders of the Ld.Revenue Authorities. 6. We have heard t…

M/S. Tata Technologies Ltd., Pune vs. Deputy Director of Income-Tax

In the result, appeal of assessee is partly allowed

ITA 1433/PUN/2014[2007-08]Status: DisposedITAT Pune05 Apr 2018AY 2007-08

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1433/Pun/2014 यििाारण वषा / Assessment Year : 2007-08 M/S. Tata Technologies Limited, Plot No.25, Rajiv Gandhi Infotech Park, अऩीऱाथी/Appellant Hingewadi, Pune – 411057 …. Pan: Aaact3092N Vs. The Dy. Director Of Income Tax …. प्रत्यथी / Respondent (International Taxation)-Ii, Pune

For Appellant: S/Shri Dhanesh Bafna and Arpitha ChoudaryFor Respondent: S/Shri Vivek Aggarwal and Mukesh Jha
Section 115ASection 195Section 201Section 201(1)Section 9(1)(vi)Section 90(2)

…ake the character of income chargeable to tax, in order to trigger withholding of tax. The assessee claimed that similar proposition was laid down by the Hon'ble Supreme Court in the case of Transmission Corporation of A.P. Ltd. reported in 155 CTR 489 (SC) / 239 ITR 587 (SC). Further, the assessee referred to section 90 of the Act and pointed out that where the DTAA has been entered into with a country, then the provisions of the Act or Treaty, whichever is more beneficial shall apply. He referred to the relevant extracts of provisions relating to the royalty as defined in different Treaties and pointed out that…

A.C.I.T., Circle-4(1), Kolkata vs. M/S Gillanders Arbuthnot & Co. Ltd., Kolkata

In the result the appeal by the revenue is dismissed

ITA 2090/KOL/2016[2010-11]Status: DisposedITAT Kolkata01 Mar 2018AY 2010-11

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ] Assessment Year : 2010-11

For Appellant: Shri S.Dasgupta, Addl.CIT(DR)For Respondent: None
Section 139(1)Section 2(24)(x)Section 36(1)(va)Section 43Section 43B

…nces of the case and in law Ld.CIT(A) has erred in deleting the addition of Rs.11,50,740/- made u/s40(a)(ia) for non- deduction of tax at source in view of the judgement given by the Apex Court in the case of M/s. Transmission Corporation of India reported in 239 ITR 587.” 14. The AO disallowed a sum of Rs.11,50,740/- which was commission paid by the assessee to persons who are not residents in India and who rendered services outside India. The AO made the disallowance for the reason that the assessee did not deduct tax at source on the aforesaid payment and had invoked the provision of section 40(a)(ia) of the…

The ACIT, Guntur vs. M/S. Veera Associates, Guntur

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

ITA 332/VIZ/2016[2007-2008]Status: DisposedITAT Visakhapatnam21 Feb 2018AY 2007-2008

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singh

For Appellant: Shri Deba Kumar SonowalFor Respondent: Shri S. Rama Rao, AR
Section 143(3)Section 147Section 148Section 194CSection 40Section 40a

…ITA No.332/Vizag/2016 M/s. Veera Associates, Guntur आयकर अपील"य अ"धकरण, "वशाखापटणम पीठ, "वशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM "ी वी. दुगा"राव, "या"यक सद"य एवं "ी ड.एस. . . . सु"दर "संह, लेखा सद"य के सम% BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A.No.332/Vizag/2016 ("नधा"रण वष" / Assessment Year: 2007-08) ACIT, Circle-2(1), M/s. Veera Associates Guntur Guntur [PAN No.AAFFV1624C] (अपीलाथ' / Appellant) (()याथ' / Respondent) C.O. 55/Vizag/2016 (Arising out of I.T.A.No.332/Vizag/2016) ("नधा"रण वष" / Asse…