2012 (7) TMI 310 - AT - Income Tax

Disallowance u/s 40(a)(i) - reimbursement of the expense made to various overseas companies - Held that - Since the expenditure to foreign companies was reimbursed to overseas companies for the expenses incurred on behalf of the assessee company and their margin for the services rendered outside India, therefore, such payment does not falls under the purview of sum chargeable under the provisions of the Act . Hence, these payments are not liable to TDS u/s. 195 and consequently the expenditure alongwith the margin reimbursed to the overseas companies for service rendered outside India becomes allowable expenditure and the same is outside the rigors of section 40(a)(i). Since the assessee has a book loss and was not subject to tax u/s. 115JB. Hence, disallowance of interest paid on TDS and service tax are of no relevance with regard to the tax calculated - in favour of assessee.

Summary

Issues:
1. Disallowance of expenses under section 40(a)(i) of the IT Act.
2. Addition of interest paid on late payment of TDS and service tax for calculating book profit under section 115JB of the IT Act.

Analysis:

Issue 1: Disallowance of expenses under section 40(a)(i) of the IT Act:
The case involved the disallowance of expenses of Rs.76,79,601 made by the assessee to overseas entities for services rendered outside India. The Assessing Officer (AO) disallowed the expenses under section 40(a)(i) read with section 195 of the IT Act, stating that any payment made by a resident to a non-resident is liable to TDS. However, the Commissioner of Income Tax (Appeals) (CIT(A)) held that since the income did not accrue or arise in India, the provisions of section 195(1) were not applicable. The CIT(A) emphasized that the remittance was for services rendered outside India and not chargeable under the Act, thus not liable for TDS. The CIT(A) referred to various judicial pronouncements and upheld the assessee's contention, leading to the deletion of the disallowance.

Issue 2: Addition of interest paid on late payment of TDS and service tax under section 115JB:
The AO added Rs.6,232 as interest paid on late payment of TDS and service tax to the income of the assessee under section 115JB. However, the CIT(A) ruled that the interest amount did not include TDS payment and hence was not covered under section 115JB. The CIT(A) directed the deletion of the addition. The Tribunal upheld the CIT(A)'s decision, noting that the assessee had a book loss and was not subject to tax under section 115JB. Therefore, the disallowance of interest paid on TDS and service tax was deemed irrelevant for tax calculation purposes.

In conclusion, the Tribunal dismissed the Revenue's appeal and upheld the CIT(A)'s orders on both issues, emphasizing the non-applicability of TDS provisions due to the income not being chargeable under the Act and the irrelevance of interest payment for tax calculation under section 115JB. The judgments cited and the CBDT Circular supported the decisions made, ensuring that the expenses reimbursed to overseas entities and the interest payment were not subject to disallowance or addition for tax purposes.