2012 (5) TMI 195 - AT - Income Tax

Default under section 194C on account of payment under labour charges the assessee contention that he has not engaged any labour contractor and all the payments made towards labourers who are employed by the assessee directly and it is accounted for the said payments in its cash book - Held that - The AO is required to examine the assessee s cash book and find out whether the assessee has directly paid the amounts to the individual labourers or the same was paid through the mastri - If the assessee paid the said payments to the individual labour, then the assessee is not liable to deduct TDS under section 194C of the Act, otherwise the assessee is liable to deduct TDS - set aside the entire issue to the file of the AO to decide the same afresh in favour of assessee.

Summary

Issues:
Assessment of default under sections 201(1) and 201(1A) of the Act read with section 154 of the Act for assessment years 2003-04 and 2004-05.

Analysis:
The appeals by the assessee were against orders passed by the CIT (A) confirming the default treatment by the assessing officer under sections 201(1) and 201(1A) of the Act. The assessing officer found the assessee to be a defaulter in various payment categories under sections 194A, 194C, and 194J. The total demand for short deduction and interest was raised, leading to an appeal by the assessee before the CIT (A) for both assessment years.

For the assessment year 2004-05, the assessing officer computed short deductions and interest under sections 201(1) and 201(1A) for consultancy charges and sub-contract & labour charges. The CIT (A) confirmed the orders, prompting the assessee to appeal further. The Tribunal considered the provisions of section 194C of the IT Act, emphasizing the conditions precedent for attracting its provisions. The Tribunal analyzed the relationship between the assessee and the maistry, concluding that the payments made for labour charges fell under the purview of section 194C.

The assessee contended that all payments were made directly to individual labourers, not to mastries, and were recorded in the cash book. The assessing officer raised concerns about the feasibility of the assessee directly paying each individual labourer due to high turnover and control issues. The Tribunal directed the assessing officer to re-examine the cash book to determine if payments were indeed made directly to individual labourers or through mastries, thereby deciding the TDS liability under section 194C accordingly.

In conclusion, the Tribunal set aside the issue for fresh assessment by the assessing officer based on the above observations, allowing the appeals for the years under consideration for statistical purposes.