2012 (6) TMI 645 - HC - Income Tax

TDS payment to sub-contractors - assessee is an individual deriving income from hiring of vehicles - assessee contended in writing that the assessee is not liable to deduct TDS as there is no written or oral contract and that the assessee is not liable under section 194C as individual charges for private service vehicle will not exceed Rs. 20,000 Held that - material on record discloses that total amount paid towards transportation charges is roughly about Rs. 79,45,225. In the absence of any particulars, it cannot be said that there was no liability to deduct tax on that score Assessee should have deduvted deducted TDS - authorities were justified in disallowing the said deduction and treating the said amount as the income of the assessee and claiming tax on that amount In favor of Revenue

Summary

Issues involved:
1. Disallowance of deductions claimed by the assessee for vehicle running expenses.
2. Discrepancy in TDS certificates and income disclosed in the income and expenditure account.

Analysis:

Issue 1: Disallowance of deductions for vehicle running expenses
The case involved the assessee challenging the disallowance of deductions made by the Assessing Officer regarding vehicle running expenses, which resulted in a taxable amount of Rs. 94,55,933. The Commissioner of Income-tax (Appeals) upheld the disallowance, stating that the assessee was legally bound to deduct TDS under section 194C for transport contracts. The Tribunal affirmed this decision, emphasizing that the hiring of vehicles by the assessee constituted a transport contract, leading to the disallowance under section 40(a)(ia). The Tribunal also noted a discrepancy in the TDS certificates and the income disclosed, which was attributed to improper accounting practices by the assessee. Consequently, the appeal challenging the disallowance was dismissed.

Issue 2: Discrepancy in TDS certificates and income disclosure
The second substantial question of law revolved around the admitted discrepancy between the TDS certificates and the income disclosed in the income and expenditure account. The Tribunal acknowledged the difference, with TDS certificates amounting to Rs. 1,70,89,004, while the disclosed income was Rs. 1,64,06,036. The explanation provided was that a portion of the TDS deductions was claimed in the subsequent year, with Rs. 6,82,968 received by the assessee later. The authorities upheld this discrepancy, attributing it to the mercantile basis of accounting followed by the assessee. Consequently, the deductions made based on this discrepancy were deemed appropriate, leading to the dismissal of the appeal.

In conclusion, the High Court dismissed the appeal, ruling against the assessee on both substantial questions of law. The judgment upheld the disallowance of deductions for vehicle running expenses and justified the treatment of the income based on the TDS certificates and income disclosure.