2013 (11) TMI 1671 - AT - Income Tax

TDS u/s 194C - account of lorry booking as assessee failed to deduct TDS - Held that - The contract of transportation was between the assessee s clients and the transporters and the assessee had mainly acted as a facilitator or as an intermediary. No tds deduction

Summary

Issues:
Disallowance under section 40(a)(ia) for failure to deduct TDS on lorry booking expenses.

Analysis:
The appeal was filed by the revenue against the order of the Commissioner of Income Tax(A) for the assessment year 2009-10, challenging the deletion of disallowance of Rs. 13,08,25,562 made under section 40(a)(ia) of the Income Tax Act due to the failure to deduct TDS on lorry booking expenses. The Assessing Officer found that the assessee had not deducted TDS on payments made to lorry owners/truck owners, leading to disallowance under section 40(a)(ia). The assessee argued that TDS provisions were not applicable as they were acting as a facilitator, not a contractor. The Commissioner of Income Tax(A) allowed the appeal, leading to the revenue's second appeal before the Tribunal.

During the proceedings, the revenue contended that the Commissioner of Income Tax(A) did not properly adjudicate the matter and granted relief to the assessee without sufficient basis. The assessee's counsel referred to a judgment of the Delhi High Court in a similar case, where it was held that the assessee acted as a facilitator or intermediary, not liable for TDS deduction under section 194C. The High Court's decision in that case favored the assessee, leading the Tribunal to conclude that the present case was similar and the assessee was entitled to relief.

The Tribunal noted that the facts of the present case were akin to the case referred to by the assessee's counsel, where relief was granted by the High Court. Consequently, the Tribunal upheld the decision in favor of the assessee, dismissing the revenue's appeal. The Tribunal found that the assessee's role as a facilitator or intermediary exempted them from TDS deduction obligations under section 194C, as established in the referenced judgment.

In conclusion, the Tribunal dismissed the revenue's appeal, holding that the relief granted to the assessee was justified based on the High Court's decision in a similar case. The Tribunal found that the assessee's position as a facilitator in arranging transportation services exempted them from TDS deduction requirements, aligning with the legal precedent established in the cited judgment.