Amit Yadav v. ITO (2020) 185 ITD 353 (Delhi)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Quantum of disallowance-Provision would cover payable but also those sum which are payable at any time during year.

Assessee had made payments to company on account of shipment expenses without deducting tax at source.  Assessing officer disallowed 30 per cent of shipping expense for non-deduction of TDS. CIT (A) affirmed the order of the AO.On appeal the Tribunal held that since assessee did not deduct TDS on full amount paid or payable during year under consideration, Assessing Officer had rightly made disallowance. (AY. 2015-16)