2013 (12) TMI 831

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.... the impugned judgment and order of the learned Tribunal dated 08.02.2012 and sought to be admitted on the following suggested questions of law:    1. Whether on the facts and circumstances of the case, the findings of the Tribunal are perverse in holding that the payments have been artificially broken up to avoid the TDS provisions?    2. Whether reimbursement of expendi....

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....urbhuj Vithaldas Jasani vs. Moreshwar Parashram and others reported in AIR 1954 SC 236?    6. Whether on the facts and circumstances of the case, the findings of the Tribunal are erroneous and perverse in confirming the view of the CIT(A) that since expenditure cannot be clearly discerned from profit and loss account it would be in the fitness of things to disallow Rs.1,00,000/- as ex....

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....ddition to this, clause 16 of the Memorandum of Understanding provides that the assessee shall reimburse M/s. Ushakiran Movies Limited all the charges/costs for utilizing the infrastructural facilities such as internal and external road network, parking facilities, water, power and communication facilities. It is thus clear from the Memorandum of Understanding that payment has to be made for the s....

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....s. Therefore, it has to be seen whether the payments were coming within the category of payments to be made as per the memorandum of understanding. The reading of the memorandum of understanding as a whole would make it clear that it is a composite contract entrusting various works to be carried out on behalf of the assessee by M/s. Ushakiran Movies Limited and the payments made were towards perfo....