Disallowance u/s 40(a)(ia) - Reimbursement Expenses Service Charges - Held that - It is evident that nature of payment is reimbursement as can be verified from the bills issued by M/s. Robinson Air Services for payment made to the Custom Department. These payments were made by the assessee to his agent which were not principal to principal. There is also no profit element in these payments. Thus, TDS is not liable to be deducted on it - Decided in favour of assessee. Disallowance of interest expenses u/s. 36(1)(iii) - Held that - The appellant had not able to prove whatever reply with evidences produced before the CIT(A), had been furnished to the A.O. at the time of assessment proceeding, as per paper book submitted by the appellant on page nos. 1 to 4 5 to 8 i.e. written submission. It is also evident from the order of the CIT(A) that he has not allowed any opportunity to the A.O. on the additional evidence admitted by him during the course of appellate proceeding. Thus, in the interest of justice, on this issue, order of the CIT(A) is set aside for de novo and also directed to allow reasonable opportunity of being heard to the A.O. and pass necessary order as per law - Decided in favour of assesee............................... Income Tax - Case Law
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