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Instrumentation Engineer Technoquest Consulting Pvt. View all Technoquest Consulting Pvt. Instrumentation Engineer salaries in Thane, Maharashtra. Get new jobs for this search by email. Representative explained that a pre-dominant income is earned by the assessee on account of clients referred by its Mauritius based associate concern and for the services rendered assessee made a payment of Rs.
The aforesaid amount was disallowed by the Assessing Officer by invoking section 40 a ia of the Act on the ground that the requisite tax was not deducted at source. The assessee satisfied the CIT A that the invoking of section 40 a ia of the Act was not justified and in the remand report called for by the CIT A , the Assessing Officer observed that otherwise the said expenditure was allowable in terms of section 37 1 of the Act.
However, the CIT A disregarded the stand of the Assessing Officer and instead proceeded to hold that the said amount was not allowable in terms of section 37 1 of the Act. On this basis, it was pointed out that assessee had a good prima-facie case to show that the addition was unsustainable.
Insofar as the other limb of the disallowance i. Representative pointed out that the disallowance has been sustained by the CIT A on an untenable logic. Representative vehemently pointed out that the aforesaid approach of the CIT A was clearly unsustainable and was based on arbitrary assumptions. On the other hand, the Ld. DR appearing for the Revenue has opposed the plea of assessee for stay on recovery of the outstanding demand. We have carefully considered the rival stands.
Though the merits of the disputed additions shall be appropriately considered while hearing the appeal of assessee, so however, insofar as it is necessary evaluate the prima-facie nature of the case, we find that the assessee has a good arguable case. However, the CIT A has concluded to the contrary. Be that as it may, the aforesaid does lend credence to the assertions of the Ld.
Representative for the assessee that assessee has a good prima-facie case so far as it is necessary for evaluating the efficacy of the stay application. In view of the aforesaid, in our considered opinion, it would meet the ends of justice if the assessee is granted stay on the recovery of the outstanding demand for a period of six months from today or till the date of order of the Tribunal, whichever is earlier.
Further, the appeal of the assessee, pending with the Tribunal is directed to be posted for hearing on Since the above date of hearing was announced in open court in the presence of both parties, the requirement of issuance of formal notice of hearing is hereby dispensed with. Resultantly, the captioned application of the assessee is allowed as above. Above decision was pronounced in the open court in the presence of both the parties at the conclusion of the hearing on 3.
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