2022 (6) TMI 595

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.... SINGH, VICE PRESIDENT AND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER Revenue by : Shri G. Johnson, Addl.CIT Assessee by : Shri S. Sridhar, Advocate ORDER PER MAHAVIR SINGH, VP: These cross appeals are arising out of the order of Commissioner of Income Tax (Appeals)-2, Coimbatore in ITA No. 13/14-15, dated 27.02.2017. The assessment was framed by the DCIT, Central Circle - 1, Coim....

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.... that the amount under dispute was Rs. 1,57,25,234/- and the disputed amount of tax was Rs. 48,59,097/-. Therefore, in view of the CBDT Circular No. 17/2019 dated 08.08.2019 no appeal should be filed by the Revenue before the Tribunal which has tax effect of Rs. 50.00 lakhs or less and this circular is also applicable retrospectively to all pending appeals. Therefore, the appeal filed by the Reven....

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....ingly the AO required the assessee to explain as to why the purchase expenses booked to the extent of royalty payment of Rs. 1,74,21,093/- be not disallowance for non-deduction of TDS. The assessee replied that Tamin Ltd. has supplied graphite and limestone and bills are raised on the assessee. They charged VAT on the same. It was explained that royalty is also purchase cost and they have charged ....

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....allowance u/s. 40(a)(ia) of the Act will be applicable. At this point, the ld. Senior DR stated that the assessee has not filed any evidence that the recipient has included the receipts in their income. The matter can be referred back to the file of the AO. Per contra, the ld. counsel stated that he is ready to file the details as prescribed under second proviso to section 40(a)(ia) of the Act, i.....