2010 (11) TMI 573 - AT - Income Tax

Disallowance u/s 40(a)(ia) read with section 194 I - TDS on rent under section 194I - co-owners of the property / joint owners - Assessee submitted that there are 13 persons who are the joint owners of the property - In fact all of them are parties to the Lease Deed - Held that - No evidence in respect of joint owners was available before the lower authorities for verification - Before Tribunal for the first time the assessee has placed the evidence of joint owners - Hence, restore the issue to the file of the Assessing Officer to decide afresh after affording a reasonable opportunity of being heard to the assessee - Hence, the appeal of the assessee is allowed for statistical purposes.

Summary

Issues: Disallowance under section 40(a)(ia) of the Act for non-deduction of TDS on rent payments to co-owners.

In this case, the assessee appealed against the order of the Ld. CIT(A) confirming the disallowance of Rs.7,62,000 under section 40(a)(ia) of the Act for non-deduction of TDS on rent payments made to co-owners. The Assessing Officer disallowed the amount as TDS was not deducted on rent paid to Y. U. Parthasamy from the assessee's Bangalore Branch. The assessee argued that the payment was for 17 persons under an agreement, falling under the category of Body of Individuals, thus not liable for TDS deduction. However, the Assessing Officer rejected this claim due to the absence of the agreement for verification. The Ld. CIT(A) upheld the disallowance. During the hearing, the assessee produced evidence showing that the rent was paid to joint owners as per a Lease Deed, with each having a definite share in the property. The assessee contended that TDS should not apply as the co-owners' shares were below the prescribed limit of section 194 I. The Tribunal found that the original agreement was not presented for verification before lower authorities. As the evidence of joint ownership was produced for the first time during the appeal, the Tribunal remanded the issue to the Assessing Officer for fresh consideration, allowing the assessee's appeal for statistical purposes.

The key contention revolved around whether the rent payments made to co-owners were subject to TDS under section 194 I. The Assessing Officer's disallowance under section 40(a)(ia) was based on the absence of the agreement to verify individual shares of the co-owners. The Ld. CIT(A) upheld this decision due to the lack of evidence. However, during the appeal, the assessee provided documentation proving the joint ownership structure and individual shares, which was not presented earlier. The Tribunal, considering this new evidence, remanded the matter to the Assessing Officer for a fresh decision, emphasizing the importance of affording the assessee a reasonable opportunity to be heard. This case underscores the significance of substantiating claims with proper documentation and the opportunity for parties to present all relevant evidence during proceedings to ensure a fair assessment and decision-making process.