2011 (4) TMI 384 - HC - Income Tax

Method of accounting - TDS u/s 194C - The appellant used to pay substantial amount as advance over and above the payment made against the bill raised by PECO. Such payments were made on recoverable basis - it is not in dispute that payments were made by the assessee to PECO from year to year, which were pending adjustment - The deduction of tax at source from such payment under section 194C of the Act could not determine the character of payment whether it was revenue or capital at the first instance - It has further observed that the impugned payments were made by the assessee against the security by way of bank guarantee, personal guarantee or otherwise and that was admitted by the either party in course of the proceeding under section 131 which would not have been possible unless the payments were intended to be advance payments - Learned Tribunal has not properly discussed the said legal and factual aspects and has erroneously rendered its decision applying the normal rule of cash basis accounting, as against the appellant s claim based on accrual or mercantile basis accounting - appeals are allowed by way of remand

Summary

Issues Involved:
1. Deduction of business liability under mercantile system of accounting.
2. Tribunal's examination of payments to sub-contractor.
3. Tribunal's holding on the additional liability and its timing.
4. Tax deduction at source under section 194C of the Income-tax Act, 1961.
5. Expenditure incurred for earning income under mercantile system.
6. Tribunal's denial of deduction for specific assessment years.

Detailed Analysis:

1. Deduction of Business Liability Under Mercantile System of Accounting:
The central question was whether a business liability should be deducted in the year it arises, even if not quantified, based on a reasonable estimate. The court emphasized that under the mercantile system, a business liability should be recognized in the year it arises, irrespective of its quantification and discharge at a future date. This principle was supported by precedents such as Bharat Earth Movers v. CIT and Metal Box Co. of India Ltd. v. Their Employees.

2. Tribunal's Examination of Payments to Sub-contractor:
The Tribunal was criticized for not addressing whether the appellant was entitled to deduction for the reasonably estimated liability due to the sub-contractor (PECO) in the relevant assessment years. The appellant argued that the Tribunal misdirected itself by focusing on the nature of payments rather than the entitlement to deduction based on the mercantile system.

3. Tribunal's Holding on the Additional Liability and Its Timing:
The Tribunal held that the additional liability to PECO was in suspense and became a liability only in July 1997 when it was quantified. The appellant contended that this view was incorrect as the liability had arisen earlier and was merely quantified later. The court found this interpretation flawed under the mercantile system, where liabilities are recognized when they arise, not when they are quantified.

4. Tax Deduction at Source Under Section 194C:
The Tribunal's finding that tax must be deducted at source from all payments to contractors, even on a capital account, was challenged. The appellant argued that tax was deducted at source for payments made under the contract, not for loans or advances. The court noted the appellant's compliance with section 194C, reinforcing that the payments were contractual and not advances.

5. Expenditure Incurred for Earning Income Under Mercantile System:
The court highlighted that under the mercantile system, expenses incurred for earning income should be deducted in the year they accrue to accurately reflect true profits. This matching principle was supported by cases like Calcutta Co. Ltd. v. CIT and Taparia Tools Ltd. v. Jt. CIT. The Tribunal's failure to apply this principle was a significant oversight.

6. Tribunal's Denial of Deduction for Specific Assessment Years:
The Tribunal denied deductions for additional liabilities in the assessment years 1991-92 to 1995-96. The appellant argued that these liabilities were recognized and accounted for in those years based on actual payments made to PECO. The court found that the Tribunal erred by not considering the mercantile system's principles and the true nature of the transactions.

Conclusion:
The court set aside the Tribunal's order and remitted the matters for reconsideration, emphasizing the application of the mercantile system of accounting and proper evaluation of the appellant's claims in light of the discussed legal principles. The appeals were allowed, and the Tribunal was directed to re-evaluate the issues afresh.