2011 (8) TMI 1068 - AT - Income Tax

TDS u/s 194C - default of assessee was non furnishing of form 15J alongwith form 15I - Held that - Assessee did not submit form 15J by 30.06.2006 because he had not received form 15-I. He was of the view that 15-I was received subsequently when the assessee was confronted with the issue of disallowance under section 40(a)(ia). The availability of form15-I, however, at the time of assessment proceedings is not doubted. Therefore, in view of decision in the case of Shri Vipin P. Mehta (2011 (5) TMI 503 - ITAT MUMBAI), Assessing Officer is directed to delete the disallowance

Summary

Issues:
1. Disallowance of lorry hire payment under section 40(a)(ia) for non-deduction of TDS.
2. Disallowance of interest payment for non-deduction of TDS.
3. Submission of Form 15J along with Form 15I.

Issue 1: Disallowance of lorry hire payment under section 40(a)(ia) for non-deduction of TDS:
The appellant appealed against the disallowance of lorry hire payment due to non-deduction of TDS. The appellant contended that although Form 15I was received from the truck owners, Form 15J was not submitted along with it due to lack of knowledge. The Assessing Officer and CIT(A) disallowed the amount of &8377;24,74,376/- for non-deduction of TDS. However, the tribunal observed that the failure to furnish Form 15J was the only default and relied on precedents to support the appellant's case that non-submission of Form 15I/15J does not make section 194C applicable. Therefore, the tribunal directed the deletion of the disallowance.

Issue 2: Disallowance of interest payment for non-deduction of TDS:
The Assessing Officer disallowed interest payment to a party for non-deduction of TDS, despite the submission of Form 15H by the payee. The CIT(A) confirmed the disallowance, stating that Form 15J was not furnished along with Form 15I. The tribunal, referring to a similar case, held that the submission of Form 15H during assessment proceedings was sufficient, and the disallowance was unjustified. Consequently, the disallowance of interest payment was deleted.

Issue 3: Submission of Form 15J along with Form 15I:
In both issues, the crucial aspect was the submission of Form 15J along with Form 15I for TDS compliance. The tribunal emphasized the importance of having the declarations from payees in the prescribed form before payment to avoid TDS obligations. The tribunal relied on precedents to support the appellant's case and directed the deletion of disallowances based on the submission of Form 15H and Form 15I during assessment proceedings.

In conclusion, the tribunal allowed the appeal of the assessee, emphasizing the significance of complying with TDS requirements by submitting the necessary forms and declarations in accordance with the Income Tax Act.