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ITAT allowed the assessee's appeal and deleted the disallowance made u/s 40(a)(ia) on miscellaneous expenses, sales promotion expenses and incentives. It held that the AO had proceeded on mere presumptions that TDS u/s 194J was applicable, without identifying specific payments on which tax was not deducted. The Tribunal noted absence of any adverse remark in the tax audit report and found that the assessee had furnished complete details and had deducted TDS wherever applicable. Consequently, the order of the CIT(A) sustaining 30% disallowance was set aside.
ITAT allowed the assessee's appeal and deleted the disallowance made u/s 40(a)(ia) on miscellaneous expenses, sales promotion expenses and incentives. It held that the AO had proceeded on mere presumptions that TDS u/s 194J was applicable, without identifying specific payments on which tax was not deducted. The Tribunal noted absence of any adverse remark in the tax audit report and found that the assessee had furnished complete details and had deducted TDS wherever applicable. Consequently, the order of the CIT(A) sustaining 30% disallowance was set aside.
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