2015 (4) TMI 255

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....nmohan, V.P. This is an appeal filed at the instance of the assessee company and it pertains to A.Y. 2007-08. 2. The following disallowances were made by the AO by invoking provisions of section 40(a)(ia) of the Act: - 1 Disallowance on account of transportation charges paid to M/s. Lalji Mulji Rs. 1,59,386/- 2 Disallowance on account of export freight charges paid Rs. 6,17,830/-....

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....the Bench had taken into consideration the decision of the ITAT Special Bench in the case of Merilyn Shipping & Transport, the order of which was suspended by the High Court but at the same time there was a subsequent judgement of the Hon'ble Allahabad High Court in the case of M/s. Vector Shipping Services (P) Ltd. wherein it was held that section 40(a)(ia) applies only to those amount which ....

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....case of Vegetable Products Ltd. 88 ITR 192. Accordingly the Chennai Bench held that section 40(a)(ia) is not attracted in respect of the amount already paid by the assessee. 5. The learned D.R., on the other hand, could not place before us any contrary judgement on this issue. Though the learned D.R. promised to file written submissions within one day, it was not filed. In other words, there is....