2015 (6) TMI 680

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....nt : Mr Atul Jasani i/by S G Dalal ORDER P.C. This appeal filed by the Revenue under Section 260A of the Income Tax Act, 1961 (the Act) challenges the order dated 14 November 2012 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order pertains to Assessment Year 200809. 2 The appellant has formulated the following questions of law for our consideration: "Whet....

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....(a)(ia) of the Act. The respondent assessee pointed out that the premises occupied by them has been taken on rent by its holding company M/s. Prime Securities Ltd. It was its holding company which paid rent to the landlord of the premises and the respondent assessee merely reimbursed the rent to its holding company. The assessee contended that such reimbursement of expenses does not result in any ....

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.... arises in the hands of the recipient. 5 Being aggrieved, the revenue carried the issue in appeal in Tribunal. The Tribunal, by the impugned order also held that the payment made by the respondent assessee to its holding company is only reimbursement of expenditure. Further reliance was placed upon the decision of this Court in the case of Siemens (supra) to conclude that no tax at source is de....