CA
141 Points
Posted on 08 March 2013
Dear Aishwarya,
Without prejudice to the above opinions, I would like to draw you attention to the following case law :
M/s. Pfizer Ltd vs. Income Tax Officer(TDS)
ITA No. 1667/Mum/2010 (date- 31-10-12)
Ø Referring to the decision given by the Mumbai Tribunal in the case of IDBI vs. I.T.O 107 ITD 45(Mum), the ITAT in the given case held that, since the payee is not identifiable at the time of making provision, TDS need not be deducted on the amount of Provision. Further, since the entire provision is written back in the next year and actual amount paid/credited was subject to TDS, the assessee has complied with TDS provisions.