9911796707
|
Home
Issues involved: The judgment involves two main issues: (1) Disallowance of hire charges for not deducting TDS despite furnishing Form 15I, and (2) Charging of interest u/s. 234D of the Act.
Issue 1 - Disallowance of hire charges for not deducting TDS: The assessee, a firm conducting business as a transporter, filed its return for A.Y. 2006-07, declaring an income of Rs. 3,55,000. However, during scrutiny assessment u/s 143(3), an addition of Rs. 13,96,450 was made due to hire charges paid without deducting TDS. The assessee contended that it had obtained Form 15I from sub-contractors, thus not liable to deduct TDS. The CIT(A) found Form 15I defective, upheld the disallowance, and levied interest u/s. 234D for excess refund. The appellant argued for a reevaluation based on a similar case precedent. Issue 2 - Charging of interest u/s. 234D: The levy of interest u/s. 234D was deemed consequential on excess refund, with no dispute on its applicability. The Bangalore Tribunal, in a similar case, directed a comprehensive reevaluation to determine if TDS was required under section 194C. The Tribunal ordered a clear finding on whether payments were for hiring vehicles/trucks or pursuant to a transportation contract. The case was remitted back to the AO for further examination, allowing the assessee to furnish relevant documents. In alignment with the above precedent, the Tribunal found the current case identical and remitted it back to the AO for a detailed analysis. The AO was instructed to follow the directions given in the previous case and make a decision based on law and merits, with the assessee permitted to provide necessary documents for defense. Regarding interest u/s. 234D, the Tribunal affirmed its applicability as consequential to excess refund, leading to a partial allowance of the appeal for statistical purposes. The judgment was pronounced on August 26, 2011, with the case remitted back to the AO for further examination as per the directions provided in the similar precedent case.
|
