2013 (11) TMI 142

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....ated December 10, 2010 relating to the assessment year 2007-08. The only ground raised by the Revenue in this appeal reads as under: "On the facts and in the circumstances of the case and in law, the learned Commissioner of Income-tax (Appeals) erred in deleting the addition of Rs. 58,29,628 under section 40(a)(ia), without appreciating the fact that the transportation of goods of another....

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....atisfactory and therefore, the Assessing Officer made a disallowance of Rs. 58,29,628 out of Rs. 61,18,688 holding that the said payments are liable for TDS as per section 194C of the Act. On appeal, the Commissioner of Income-tax (Appeals) deleted the addition of Rs. 58,29,628 stating that there was no default of the assessee in not deducting TDS under section 194C of the Act, and hence, the R....

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....y been paid during the previous year, without deducting tax at source. In the instant case, the entire expenditure in respect of transportation charges was paid during the financial year relevant to the assessment year under consideration. As per the balance-sheet as on March 31, 2007 there are no liabilities, which means that the assessee has paid the transportation charges before the end of t....