2013 (7) TMI 141 - HC - Income Tax

TDS u/s 194C - filing of form No.15I and 15J with the AO and not with the CIT - freight charges paid to small truck onwers - disallowance u/s 40(a)(ia) - Held that - assessee is a transporter who had taken services of various small truck owners and freight charges were paid to them without deduction the TDS u/s.194C - The form no. 15-J has been submitted by the appellant in CIT-II Baroda office - during the course of assessment proceeding the appellant filed a copy of 15-J certificate to the Assessing Officer who had not doubted in payments of freight charges as non-genuine - Tribunal has recorded that during the course of the assessment proceedings, appellant had filed copy of 15-J form with the Assessing Officer who had not doubted the payment of freight charges as non genuine - Tribunal committed no error in holding that disallowance under section 40(a)(ia) was not justified - Decided in favour of Assessee.

Summary

Issues:
Disallowance of Rs. 53,89,873 for non-deduction of tax at source on freight charges due to failure to furnish Form no.15-I to the prescribed Income-Tax Authority, and the correctness of the Tribunal's decision in deleting the disallowance.

Detailed Analysis:

1. The primary issue in this case revolves around the disallowance of Rs. 53.89 lakhs under section 40(a)(ia) of the Income Tax Act, 1961, concerning the deduction of tax at source on transportation charges incurred by the assessee. The Assessing Officer and CIT(Appeals) upheld the disallowance, citing non-fulfillment of necessary requirements such as declarations and filing of Form 15-I and 15-J. However, the Tribunal reversed these decisions based on the submission of Form 15-I by the assessee, indicating compliance with tax deduction norms for the transportation charges paid to small sub-contractors.

2. The Tribunal's decision was supported by the submission of a paper book by the assessee's counsel, which included Form no.15-I of various truck owners, details of freight charges, and evidence of compliance with tax regulations. The Tribunal noted that the assessee had submitted Form 15-J to the CIT-II Baroda office, along with additional documentation during the assessment proceedings, which was not disputed by the Assessing Officer regarding the genuineness of the freight charges.

3. The applicability of section 194C(3)(i) was discussed, with the Revenue's counsel emphasizing the procedural requirements for waiving tax deduction at source. While the Revenue contended that Form 15-I and 15-J were not produced, the Tribunal's judgment highlighted the submission of Form 15-J to the Assessing Officer and the lack of doubt on the genuineness of the payments. The Tribunal's understanding of the statutory provisions was not disputed by the Revenue.

4. The Tribunal's decision was further supported by the fact that the appellant had filed necessary documentation and evidence to prove compliance with tax deduction norms, specifically in relation to the transportation charges paid to small truck owners. The Tribunal found no error in its decision to delete the disallowance under section 40(a)(ia), as the assessee had fulfilled the required procedures and substantiated the legitimacy of the payments made.

5. Ultimately, the High Court upheld the Tribunal's decision, stating that based on the facts presented and the documentation provided by the assessee, no error was found in the Tribunal's judgment. Consequently, the Tax Appeal was dismissed, affirming the Tribunal's ruling in favor of the assessee regarding the disallowance of the tax deduction on freight charges.