OWENS CORNING INDUSTRIES (INDIA) P. LTD. MAHABUBNAGAR (PREVIOUSLY KNOWN AS SAINT GOBAIN VETROTEX INDIA LTD),MAHABUBNAGAR DIST vs. DCIT, CIRCLE-3(1), HYDERABAD, HYDERABAD
Appeal is partly allowed in above terms
ITA 256/HYD/2016[2004-05]Status: DisposedITAT Hyderabad22 Feb 2022AY 2004-05
Bench: Shri A. Mohan Alankamony & Shri S.S. Godaraassessment Year: 2004-05 Owens Corning Industries Vs. The Deputy Commissioner (India) Private Limited Of Income Tax, (Previously Known As Saint Circle 3(1), Gobain Vetrotex India Hyderabad. Limited), Hyderabad. Pan : Aaacv9858N. (Appellant) (Respondent) Assessee By: Shri S. Rama Rao. Revenue By: Shri T. Sunil Goutam. Date Of Hearing: 17.02.2022 Date Of Pronouncement: 22.02.2022 O R D E R Per S. S. Godara, J.M. This Assessee’S Appeal For A.Y. 2004-05 Arises From The Commissioner Of Income Tax (Appeals) – 4, Hyderabad’S Order Dated 21.12.2015 In Case No.0217/Dcit, Cir.3(1)/2014-15/ Cit(A)-4/Hyd/2015-16 Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961 [In Short, ‘The Act’].
For Appellant: Shri S. Rama RaoFor Respondent: Shri T. Sunil Goutam
Section 143(3)
Section 9(1)(vii) and hence taxable in India, Since the appellant has failed to deduct TDS, the same cannot be allowed as deduction u/s 40)a)(a) of the Act. Hence, the bushing charges of Rs. 80,99,675/- claimed as revenue expenditure is disallowed an added back to the total Income. An amount of Rs.
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