TaxTMI 
TaxTMI 
2023 (3) TMI 1344
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.... of The Law College, Cuttack For the Revenue : Shri S.C.Mohanty, Sr. DR assisted by Shri Shreerang Singh Deo, Intern of The Law College, Cuttack ORDER Per Bench : This is an appeal filed by the assessee against the order of the ld. CIT(A)-II, Bhubaneswar, dated 25.10.2012, passed in I.T.Appeal No.0148/09-10 for the assessment year 2007-2008. 2. This appeal had originally been disposed off by t....
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....ue is the disallowance of the ocean freight, survey expenses, testing charges and legal charges in respect of which TDS has not been deducted. It was submitted that as TDS had not been deducted, the AO had invoked the provisions of Section 40(a)(ia) of the Act to bring to tax 100% of the said disallowance as the income of the assessee. It was the submission that the issue is now squarely covered b....
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....order dated 14.11.2022 in paras 6 & 7, restricted the disallowance to 30% as against 100%. The relevant observations of the Tribunal as under :- 6. We have heard the rival submissions. In respect of the amendments which have brought into by the various Finance Act, wherein the amendment is brought in to remove the hardship caused to the assessee, the same is clarificatory in nature. This princip....
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....of Vatika Township (P.) Ltd. [2014] 49 taxmann.com 249 (SC), the AO is directed to restrict the disallowance u/s.40(a)(ia) of the Act to 30%. 7. Though it has been argued by the ld. Sr. DR that at the time of hearing of miscellaneous application, the Bench was convinced that the said amendment was not retrospective and for that purpose only the earlier order of the Tribunal had been recalled. T....