PCIT v. Asian Mills (P.) Ltd. (2022) 285 Taxman 422 (Guj.)(HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-PAN of transporrters are reported in form no 26Q-No disallowance can be made for failure to deduct tax at source-Discount to customers not rent-Failure to deduct tax at source-No disallowance can be made. [S. 194C(6), 194C(7), 194I Form No. 26Q]

Held that where assessee has obtained PAN of transporters and reported it in Form 26Q as required under section 194C(6) and 194C(7), transportation, freight, clearing and forwarding charges paid by assessee could not be disallowed under section 40(a)(ia) for non-deduction of taxes. Court also held that in absence of prescribed authority nominated under section 194C(7), details of transporters along with PAN submitted in Form 26Q could be construed as sufficient compliance of section 194C(7) of the Act.  Court also held that discount to customers who did not use godown of assessee as goods were taken to godown of concerned buyers, said discount could not be disallowed on ground that discount offered were in nature of godown rent on which taxes were not deducted under section 194I of the Act. (AY. 2011-12)