2014 (4) TMI 235

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he impugned order passed by the Income-tax Appellate Tribunal dated September 14, 2012, by which the learned Tribunal has confirmed the order passed by the Commissioner of Income-tax (Appeals) quashing and setting aside the order passed by the Assessing Officer in deleting the disallowance of Rs. 6,93,372 and Rs. 76,00,509 claimed by the assessee under section 40(a)(ia) of the Income-tax Act. I....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....aid amount was towards the reimbursement of the expenses to the consignment agent, which was in fact incurred on behalf of the assessee and there was no profit element. The Commissioner of Income-tax (Appeals) held that the assessee was not required to deduct the TDS on such reimbursement and, therefore, the Assessing Officer was not justified in making the above disallowance and accordingly direc....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tion between the assessee and the agent is principal and agent. The learned Tribunal also observed that so far as the obligation to deduct tax at source from the payment of transport charges and other charges is concerned, the same was complied with by the agent, who had made payment on its behalf. On the aforesaid facts the learned Tribunal also observed that the circular relied upon by the Reven....