2012 (9) TMI 502 - AT - Income Tax

Dis-allowance u/s 40(a)(ia) - non-deduction of taxes at source from transportation charges - Held that - In view of the fact that the assessee has duly filed all the relevant 15J declarations, the CIT(A) was justified in deleting impugned dis-allowance u/s 40(a)(ia) r.w.s. 194C Dis-allowance u/s 40(a)(ia) - assessee claims it to be reimbursement of expenses - Held that - Matter is to be restored to the file of the Assessing Officer for verification as to whether the payments are in the nature of reimbursements or not, and with a direct ion that if the payments are indeed in the nature of reimbursements, the disallowance u/s. 40(a) (i), to that extent, will stand deleted.

Summary

Issues:
1. Appeals against orders passed by CIT(Appeals) for assessment years 2006-07 and 2008-09.
2. Disallowance of expenses under section 40(a)(ia) related to transportation charges.
3. Disallowance of expenses under section 40(a)(ia) related to reimbursement security charges, service charges, and accounting charges.
4. Violation of principles of natural justice in assessment orders.
5. Restoration of matters to the Assessing Officer for verification of reimbursements.

Analysis:

Issue 1: Appeals against CIT(Appeals) Orders
The judgment consolidates appeals against separate but similar orders passed by the CIT(Appeals) for assessment years 2006-07 and 2008-09. The appeals were heard together due to common issues involved.

Issue 2: Disallowance of Transportation Charges
For the assessment year 2006-07, the Revenue's appeal against the deletion of addition under section 40(a)(ia) related to transportation charges was dismissed. The Tribunal upheld the decision based on the assessee's submission of relevant Form 15J declarations, following precedents set by coordinate benches.

Issue 3: Disallowance of Various Reimbursement Charges
In the assessee's appeal for the same assessment year, challenges were raised regarding disallowances under section 40(a)(ia) for reimbursement security expenses, service charges, and accounting charges. The Tribunal acknowledged the fundamental principle that tax deduction obligations do not apply to reimbursements. The matter was remanded to the Assessing Officer for verification, with directions to delete disallowances if payments were indeed reimbursements.

Issue 4: Violation of Natural Justice
The assessee raised concerns about the violation of natural justice in the assessment order for the year 2008-09. However, the Tribunal did not find any merit in this argument.

Issue 5: Restoration of Matters for Verification
For the assessment year 2008-09, similar disallowances under section 40(a)(ia) were challenged by the assessee for various reimbursement charges. The Tribunal, following the same reasoning as in the previous year, directed the matters to be sent back to the Assessing Officer for verification of reimbursements, with instructions to delete disallowances if payments were indeed reimbursements.

In conclusion, the Tribunal dismissed the appeals filed by the Assessing Officer and allowed the appeals filed by the assessee for both assessment years, subject to the verification of reimbursements by the Assessing Officer.