TaxTMI 
TaxTMI 
2016 (8) TMI 742
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....SREEDHARAN (SR.), ADV. SRI.V.P.NARAYANAN, ADV. SMT.BOBY M.SEKHAR, ADV. SMT.DIVYA RAVINDRAN JUDGMENT Antony Dominic, J. These appeals are filed by the Revenue challenging the orders of the Income Tax Appellate Tribunal, Cochin Bench in ITA Nos.325/10, 400/11 and 401/11. The assessment year relevant for these cases is 2006-2007. 2. The common facts of the case are that the assessees filed the a....
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...., the Revenue has filed these appeals. 3. We heard the Senior Counsel for the Revenue, learned Senior Counsel appearing for the assessee in ITA 58/13 and the learned counsel for the assessee in the other two cases. 4. The question of law raised in these appeals is whether the Tribunal was correct in holding that Section 40a(ia) was inapplicable since the payments were made by the assessees in th....
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....nt which remains to be payable on the last day of the financial year, is not attracted. Therefore, according to the appellants, disallowance cannot be sustained. This contention was sought to be substantiated by relying on the judgment of the Allahabad High Court in Commissioner of Income Tax v. Vector Shipping Services (P) [(2013) 357 ITR 642 (All)]. Primarily, this contention should be answered ....
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....come Tax v. Sikandadarkhan N Tunvar [ITA Nos.905 of 2012 & connected cases], which have been relied on by the Tribunal. 5. This itself shows that the order passed by the Tribunal placing reliance entirely on the judgment in the Merilyn Shipping & Transport case (supra) is unsustainable and has to be reversed. 6. The assessees placed reliance on Section 194(C)(3) as it stood prior to its substit....