PCIT v. Plastene India Ltd. (2019) 260 Taxman 197 (Guj.)(HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source Usance interest-Letter of credit discount charges-Merely in nature of reimbursement of cost incurred by suppliers under agreed arrangements and not interest- Not liable to deduct tax at source. [S. 2(28A, 194A]

Dismissing the appeal of the revenue the Court held that; the asessee  had opened LC in favour of its suppliers who had discounted same with bank .On account of early payment, bank had deducted some amount which assessee was liable to reimburse to its suppliers. The  assessee had not made payment of interest to bank or to supplier and amount credited to suppliers’ account was towards reimbursement of expenses incurred by suppliers. Accordingly the provision of S.194A is not applicable  and no disallowance can be made for failure to deduct tax at source. (AY. 2008-09)