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1 - 7 of 7 (0.21 seconds)Section 172 in The Income Tax Act, 1961 [Entire Act]
Section 194C in The Income Tax Act, 1961 [Entire Act]
Section 195 in The Income Tax Act, 1961 [Entire Act]
Expeditors International (India) ... vs Acit Circle-7(1), New Delhi on 30 June, 2021
the companies. Accordingly, the ld. CIT(A) concluded that the payments were
made to Indian Companies also, which as stated by the assessee are the agents of
non-resident companies. It is also mentioned by the ld. CIT(A) that the Indian
Shipping Agents are not paid for purchase of goods, therefore provisions of
section 194Q are not attracted. It is also observed by the ld. CIT(A) taking
support from the decision of Hon'ble Delhi ITAT in the case of DCIT vs.
Expeditors International India Pvt. Ltd. (supra), Hon'ble Gujarat High
Court in the case of PCIT vs. Sumit India Water Treatment and Services
Ltd. and some other case law that the ld. AO has not brought any material on
record to show that Indian Shipping Companies in whose case TDS was not
deducted by the assessee are not covered by CBDT Circular No. 723 or no filing
returns under section 172 to invoke the provisions of section 40(a)(ia) of the Act.
The ld. CIT(A) with such findings have taken the view that provisions of section
194Q are not applicable in the present case. Consequently, the disallowance made
by the ld. AO under section 40(a)(ia) of the Act was held to be unsustainable.
The Income Tax Act, 1961
Section 194H in The Income Tax Act, 1961 [Entire Act]
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