2011 (2) TMI 115 - HC - Income Tax

Disallowance - TDS u/s 194C or 194I - TDS in respect of the hire charges paid by the respondent assessee, for having hired Millers and Rollers, for the purpose of carrying out his road contract works - Hiring of the miller and roller as a machinery/equipment was apparently needed for the purpose of carrying out the contract of laying of the road - Therefore, in the absence of any such acceptable material, the conclusion of the Assessing Officer in treating the hiring of Millers and Rollers as one falling under the category of sub-contract for provision of Labour or the conclusion of the Commissioner of Income Tax (Appeals) that atleast 10% of the total payment of Rs.52,22,500/- would have been incurred by way of labour charges by the respective owners, cannot be accepted when indisputably Section 194-I of the Income Tax Act came to provide for making the TDS in respect of machinery/ equipments only with effect from 1.6.2007 and the relevant assessment year is 2005-06, there was no scope at all to find fault with the respondent assessee for any violation of Section 40(a)(ia) of the Income Tax Act.

Summary

Issues:
Challenge to Tribunal's order on disallowance under Section 40(a)(ia) of the Income Tax Act for failure to deduct tax at source.

Analysis:
1. The revenue contested the Tribunal's decision to set aside the Assessing Officer and Commissioner of Income Tax (Appeals) orders regarding the disallowance of Rs.52,22,500 under Section 40(a)(ia) of the Income Tax Act. The dispute arose from the respondent-assessee's alleged failure to deduct tax at source (TDS) on hire charges paid for Millers and Rollers used in road contract works.

2. The revenue argued that the hire charges included labor charges, making it a composite contract falling under Section 194-C for TDS purposes. The Assessing Officer and Commissioner held that the failure to deduct TDS on the labor element necessitated the disallowance of the entire sum under Section 40(a)(ia).

3. However, the Tribunal disagreed, stating that the hire charges were solely for the Millers and Rollers, making Section 194-I applicable for TDS. Since Section 194-I, covering machinery/equipment, was introduced after the assessment year in question (2005-06), the Tribunal found no violation of Section 40(a)(ia) by the respondent-assessee.

4. After reviewing the arguments and orders, the Court upheld the Tribunal's decision, finding it justified. The Court rejected the revenue's contention that the labor element in the hire charges warranted disallowance under Section 40(a)(ia).

5. The Court emphasized that there was no evidence of a composite contract for labor and machinery hire. The engagement of operators by the machinery owners was deemed incidental, and without concrete proof of labor supply along with the machinery, the revenue's position was untenable.

6. Additionally, the Tribunal's reliance on Section 44AD, concerning net profit rate on gross receipts, was deemed inapplicable due to the contract receipts exceeding Rs.40 lakhs, rendering Section 44AD inapplicable to the respondent-assessee's case.

7. Ultimately, the Court upheld the Tribunal's decision that Section 194-I was the applicable provision for TDS in this case, rendering the revenue's arguments on Section 40(a)(ia) and Section 44AD invalid. Consequently, the appeal was dismissed, affirming the Tribunal's order.