2014 (9) TMI 1000

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....tnam in the case of Merilyn Shipping Agency Pvt. Ltd. 2. The appellant prays that the order of the CIT(A) on the above ground be reversed and that of the Assessing officer be restored. 3. The appellant craves leave to amend or alter any grounds or add a new ground which may be necessary. Assessee, an individual, engaged in the business of running an advisement agency and event management, filed his return of income on 30.09.2009 declaring total income of Rs. 43.09 Lakhs. The AO finalised the assessment on 31.12.2011 determining the income of the assessee at Rs. 2.05Crores. 2. During the assessment proceedings, the AO found that the assessee had made following payments without deduction of Tax Deducted at Source (TDS):  (....

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.... consideration, that same should be allowed following the decision given by the Special bench of the Tribunal in the case of Merilyn Shipping & Transports(136 ITD 23-SB),that the decision of the Special Bench, kept in interim suspension by Hon'ble Andhra Pradesh High Court, was binding on the lower authorities all over the country. The assessee relied upon the case of Sri Chamund Mopeds Ltd. (AIR 1992 SC 1439). The matter of MGB Transport decided by Kolkata ITAT in ITA No. 2280/Kol/2011 dt. 05.03.2013) also referred to. After considering the assessment order and the submission of the assessee and after perusing the balance-sheet and the schedules for outstanding liabilities the FAA held that liability towards professional fees (Rs. 87,7....