TaxTMI 
TaxTMI 
2014 (2) TMI 1153
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....ran (Accountant Member).- The appeal filed by the Revenue is directed against the order dated August 28, 2012 passed by the learned Commissioner of Income-tax (Appeals)-4, Mumbai and it relates to the assessment year 2008-09. 2. The solitary issue raised in this appeal is whether the learned Commissioner of Income-tax (Appeals) was justified in deleting the disallowance made under section 40(a)(....
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....ee is that it only provides services of paper work and guarantee and finally makes payments to hospitals in which the insured persons has availed of the medical facilities or services. The assessee is doing all these works on behalf of insurance companies. The assessee neither credits the receipts nor debits the payments to the profit and loss account. The Assessing Officer held that payment made ....
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....e Tribunal in the assessee's own case in I. T. A. No.6856/Mum/2011 relating to the assessment year 2008-09. The learned authorised representative has also filed a copy of the order passed by the Tribunal. 6. We have gone through the order passed by the co-ordinate Bench of the Tribunal referred to above. For the sake of convenience, we extract below the operative portion of the said order : ....
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....h Court in the case of Medi Assist India TPA P. Ltd. v. Deputy CIT Bangalore (Writ Petition No. 11376/2009 (T-IT) (since reported in [2010] 324 ITR 356 (Karn)), relied upon by the Assessing Officer. In that case, the provisions of section 201 was applicable but certainly disallowance under section 40(a)(ia) does not arise as the assessee is not claiming any such expenditure in its profit and loss ....