2014 (4) TMI 1058 - AT - Income Tax

Disallowance made under section 40(a)(ia) - short deduction of tax - TDS at 10 per cent. under section 194-I OR at the rate of 2.06 per cent. under section 194C - Held that - As relying on Apollo Tyres Ltd. v. Deputy CIT 2013 (11) TMI 209 - ITAT COCHIN this Tribunal is of the considered opinion that short deduction of tax cannot be a reason/basis for disallowance under section 40(a)(ia) of the Act. Accordingly, the orders of the lower authorities are set aside and the disallowance made under section 40(a)(ia) is deleted. - Decided in favour of assessee.

Summary

Issues:
1. Whether the assessee was liable to deduct tax under section 194-I of the Act.
2. Applicability of section 40(a)(ia) in case of short deduction of tax at 2.06% instead of 10% under section 194-I.

Analysis:

Issue 1:
The High Court confirmed the order of the Tribunal, holding the assessee liable to deduct tax under section 194-I and not under section 194C for transactions with the contractee. The contention was that the assessee deducted tax at 2.06% instead of 10% under section 194-I, resulting in an 8% shortfall. The Tribunal considered the provisions of section 40(a)(ia) of the Act, which allows the Assessing Officer to disallow payments where tax deductible at source has not been deducted or paid. It was noted that section 201(1A) enables the levy of interest in cases of non-deduction or non-payment of tax. The Tribunal emphasized that section 40(a)(ia) does not provide for disallowance proportionate to the shortfall in deduction, unlike section 201(1A). Referring to case law, it was concluded that the entire expenditure, where genuineness was not in doubt, cannot be disallowed for short deduction under section 40(a)(ia).

Issue 2:
The Tribunal, relying on the decision in Apollo Tyres Ltd. v. Deputy CIT, held that short deduction of tax cannot be a basis for disallowance under section 40(a)(ia). Citing precedents and legislative intent, the Tribunal set aside the disallowance made under section 40(a)(ia) and allowed the appeal of the assessee. The judgment emphasized the distinction between section 40(a)(ia) and section 201(1A) regarding the treatment of short deduction of tax, highlighting the omission in section 40(a)(ia) to disallow proportionate amounts for lesser deduction.

In conclusion, the Tribunal's decision in this case clarified the applicability of sections 194-I, 194C, 40(a)(ia), and 201(1A) of the Act concerning the deduction and payment of tax at source. The judgment provided a detailed analysis of the legal provisions and case law to determine the treatment of short deduction of tax and the disallowance of expenses under section 40(a)(ia), ultimately ruling in favor of the assessee based on the interpretation of the law and previous judicial decisions.