2013 (6) TMI 127

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.... Adv. For the respondent : Mr. N. K. Poddar, Sr. Adv. ORDER The Court : The Assessing Officer was of the opinion that the assessee had violated the provisions of Chapter 17B of the I.T. Act in not deducting tax at source on the amount of Rs.1,20,84,768/- paid to Malhotra Global Eximp Pvt. Ltd. and therefore the amount was disallowed under section 40(a)(ia) of the I.T. Act. The reasonin....

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....p Pvt. Ltd. is an independent entity and is not a unit of the assessee company. It is also not established by the assessee by sufficient evidence as to why Malhotra Global Eximp Pvt. Ltd. would carry out some work on behalf of the assessee company without a profit motive. When the entities are separate and independent, the transactions have to be viewed in terms of normal business transactions wit....

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.... the Act made by the Assessing Officer. We uphold the order of the learned Commissioner of Income-tax (Appeals)." The revenue has once again come up in appeal. There is an application for condonation of delay. According to the revenue, there is delay of 56 days, whereas according to the assessee, the delay is for 141 days. Mr. Poddar, learned Senior Advocate, very fairly did not contest t....