2020 (10) TMI 788

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....enue : Shri Michael Jerald ORDER PER SAKTIJIT DEY. J.M. The aforesaid appeal has been filed by the assessee challenging the order dated 17thNovember 2016, passed by the learned Commissioner of Income Tax (Appeals)-10, Mumbai, pertaining to the assessment year 2012-13. 2. It needs to be mentioned that the present appeal was earlier heard and disposed off vide order dated 19th November 2018. Su....

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....ief facts are, the assessee, a resident company, is engaged in the business of manufacturing piston ring, semi finished castings, etc. In course of assessment proceedings, the Assessing Officer noticed that the assessee has debited an amount of Rs. 1,21,834, to the Profit & Loss Account towards TDS on export commission. Being of the view that TDS being in the nature of income tax is not allowable ....

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..... The learned Departmental Representative relied upon the observations of the Assessing Officer and learned Commissioner (Appeals). 7. We have carefully considered the rival contentions, perused the orders of the authorities below and the material placed on record. As could be seen from the observations of the Assessing Officer in Para-6.1 and 6.2 of the assessment order, in spite of a query made....

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....andard Polygraph Machine Pvt. Ltd., [2000] 243 ITR 788 (Mad.) has allowed the expenditure since it was incurred to discharge a contractual liability. In the facts of the present case, no material has been brought on record to show that the assessee has to bear the TDS liability on account of the payees as per any contractual agreement. At least, no material evidence to indicate existence of such c....