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    <title>2011 (10) TMI 158 - ITAT MUMBAI</title>
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    <description>Stay of tax demand was refused where the assessee failed to show a strong prima facie case against disallowance under section 40(a)(ia) of the Income-tax Act, 1961. The claimed reliance on an earlier Jaipur decision did not assist because the Bulk Power Transmission Agreement covered wider transmission-related services, including metering, reading, sealing, resealing and maintenance, making the deduction issue materially different. The assessee&#039;s later practice of deducting tax at source and the payee&#039;s lower deduction certificate further weakened the request for interim relief. Payment of tax by the payee did not remove the payer&#039;s disallowance exposure, and the demand was not stayed.</description>
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      <title>2011 (10) TMI 158 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=207268</link>
      <description>Stay of tax demand was refused where the assessee failed to show a strong prima facie case against disallowance under section 40(a)(ia) of the Income-tax Act, 1961. The claimed reliance on an earlier Jaipur decision did not assist because the Bulk Power Transmission Agreement covered wider transmission-related services, including metering, reading, sealing, resealing and maintenance, making the deduction issue materially different. The assessee&#039;s later practice of deducting tax at source and the payee&#039;s lower deduction certificate further weakened the request for interim relief. Payment of tax by the payee did not remove the payer&#039;s disallowance exposure, and the demand was not stayed.</description>
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      <pubDate>Wed, 05 Oct 2011 00:00:00 +0530</pubDate>
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