2020 (10) TMI 788

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.... : Ms. Rachana Gurnani For the Revenue : 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....

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....4, on account of TDS on export commission. 4. Brief 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 ....

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....CIT v/s BOB Cards Ltd., [2013] 29 taxmann.com 234. 6. 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 ....

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....cision of the Hon'ble Madras High Court in CIT v/s Standard 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 le....