2019 (1) TMI 658

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....: The Revenue has preferred this Appeal raising following questions for our consideration:- "Whether on the facts and circumstances of the case and in law, the ITAT failed to appreciate the fact that the TDS was to be deducted as per the provisions of section 194C of the I T Act, 1961 while making payment to each transporter exceeding Rs. 20,000/-?" "Whether on the facts and circumstances....

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....4C of the Income Tax Act, 1961 ("the Act" for short), and he therefore disallowed the expenditure by invoking Section 40(a) (ia) of the Income Tax Act, ("the Act" for short). 3. The Assesee carried the matter in appeal. The Commissioner (Appeals) allowed the Appeal on two grounds. Firstly, he accepted the Assessee's version that the transportation was done through individual truck owners an....

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.... we are in full agreement with the counsel that second ground on which the Commissioner (Appeals) allowed the Appeal of the Assessee, the ground which even the Tribunal reiterated relying on judgment in case of Merilyn Shipping and Transports (supra), is clearly an error. The Supreme Court in the case of Palam Gas Service v/s Commissioner of Income Tax reported in 394 ITR 300 has reversed the view....