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Documents citing Orient Shipping Services Llc, Mumbai vs Addl Dit (It) Rg 4, Mumbai on 18 November, 2016

Ito, Ward-8(2), Hyd, Hyderabad vs Amardeep Textiles, Hyd, Hyderabad on 9 January, 2017

"7. Upon hearing the rival submissions, we are of the view that the decision of the ITAT Special Bench is binding on the Tribunal, particularly in view of the clarificatory order passed by the Hon'ble High Court of Judicature at Hyderabad in the instant case, and thus, we respectfully follow the decision of Special Bench in the case of Merilyin Shipping & Transport (supra), and hold that the provisions of S. 40(a)(ia) cannot be invoked where the payments were already made by the assessee. We direct the Assessing Officer accordingly. In the result, appeals of the revenue insofar as the above issue is concerned, are hereby dismissed".
Income Tax Appellate Tribunal - Hyderabad Cites 2 - Cited by 0 - Full Document

Ito Non Corporate Ward 15(2), Chennai vs Gayatri Ramani, Chennai on 11 February, 2019

3. The brief facts of the case are that the assessee is an individual and proprietor of M/s. Travel Services engaged in the business of Air Travel Ticket Booking agent, filed her return of income for the assessment year 2007-08 on 31.10.2007 admitting total income of Rs.5,38,190/-. Initially the return was processed U/s.143(1) of the Act. Subsequently the case was reopened and assessment order U/s.143(3) r.w.s. 147 of the Act was passed on 14.03.2013 wherein the Ld.AO disallowed Rs.52,03,410/- invoking the provisions of Section 40(a)(ia) of the Act towards non-deduction of tax on the discount offered to the clients of the assessee for sale of airline tickets. On appeal, the Ld.CIT(A) allowed the appeal of the assessee, thereafter the Revenue went on appeal before the 3 ITA No.2243/Chny/2018 Tribunal and the Tribunal had remitted the issue back to the file of the Ld.AO for fresh consideration. Even in the second round, the Ld.AO disallowed the amount of Rs.52,03,410/- by taking a different view that in the case of the assessee, the decision of the Special Bench of the Tribunal in the case of Merylin Shipping & Transport Vs. Addl. CIT reported in 16 ITR (Trib) 1 (SB) (2012) is not applicable to the case of the assessee. However on appeal the Ld.CIT(A) once again held the issue in favour of the assessee by stating that the discount offered by the assessee to her clients in her travel agency business cannot be regarded as payment attracting TDS provision.
Income Tax Appellate Tribunal - Chennai Cites 1 - Cited by 0 - Full Document
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