2018 (11) TMI 476

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....HAVNESH SAINI, J.M. This appeal by Revenue has been directed against the Order of the Ld. CIT(A)-V, New Delhi, Dated 24.02.2015, for the A.Y. 2011-2012. 2. We have heard the Learned Representatives of both the parties and perused the findings of the authorities below. 3. On ground No.1, Revenue challenged the Order of the Ld. CIT(A) in deleting the disallowance made under section 40(a)(ia) of ....

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.... amenable to the provisions of the Section 194C of Income Tax Act, 1961. The A.O. however, held that since no tax was deducted, therefore, amount is disallowable under section 40 (a) (ia) of I.T. Act as provisions of Section 194C would apply in this case. 4.1. Ld. CIT(A) considering the various decisions cited by the assessee-company before him and considering the Explanation-III to Section 194C ....

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....hat the issue is covered in favour of the assessee. Copies of the above orders are placed on record which are supplied to the Ld. D.R. who have also stated that identical issue have been decided in favour of the assessee by the Tribunal in earlier years. 6. Considering the facts of the case in the light of Orders of the Tribunal Dated 13.08.2018 and 17.10.2018 in which it was held that in the afo....

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....8/-. Part of this ground was allowed. 8. After considering the rival submissions, we do not find any merit in this ground of appeal of Revenue. Learned Counsel for the Assessee relied upon decision of Hon'ble Punjab and Haryana High Court in the case of CIT vs. Metalman Auto (P) Ltd., (2011) 336 ITR 434 (P&H) in which it was held that "in the absence of any expenditure shown for earning dividend ....