ACCRECENT WAY MARKETING (P) LTD.,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI
Appeal is partly allowed in above terms
ITA 359/GTY/2018[2010-11]Status: DisposedITAT Guwahati10 Oct 2019AY 2010-11
Bench: Shri S.S, Godaraassessment Year:2012-13 Accrecent Way Marketing Dcit, Cicle-3, बनाम / Pvt. Ltd. House No.10, Bye Aaykar Bhawan, G.S. V/S. Lane No.1, Amtala Path, Road, Christian Basti, Rehabari, Guwahati-781008 Guwahati-781005 [Pan No.Aafca 8279 H] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Anil Kr. Agarwala, Fca अपीलाथ" क" ओर से/By Appellant Shri A.K. Bhardwaj, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 11-07-2019 सुनवाई क" तार"ख/Date Of Hearing 10-10-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R This Assessee’S Appeal For Assessment Year 2012-13, Arises Against The Commissioner Of Income-Tax (Appeals)-2, Guwahati’S Order Dated 31.07.2018 Passed In Case No.Guwa-592/2014-15/94 Involving Proceedings U/S. 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Assessee’S Former Substantive Ground Pleaded In The Instant Appeal Challenges Both The Lower Authorities Action Disallowing Its Salary Payment Of ₹2 Lac On Account Of Non-Deduction Of Tds U/S194J R.W.S. 40(A)(Ia). Learned Departmental Representative Vehemently Contended That Since The Assessee Had Recorded The Impugned Expenditure Of Remuneration For Legal Matters, The Same Has Been Rightly Treated As Professional Services Requiring Tds Deduction U/S 194J Of The Act. I Find No Merit In Revenue’S Instant Argument. Case File Suggest That The Assessee Had Employed An Advocate, Mr Pradip Tarafdar For Salary Of ₹25,000/- Per Month From July, 2011 To
Section 143(3)Section 194J
deduction of TDS u/s194J r.w.s. 40(a)(ia). Learned departmental representative vehemently contended that since the assessee had recorded the impugned