2013 (11) TMI 905 - AT - Income Tax

Legal and professional charges Held that - The charges paid for consultancy pertains to only services provided and those charges cannot be said to be relating to purchase of vehicles - The expenditure claimed by the assessee at a sum of Rs.1,92,660/- does not pertains to capital expenditure Decided in favour of assessee. TDS on expenses Held that - The authorities have already disallowed a sum of Rs.59,890/- on which no TDS was made and that said sum form part of a sum of Rs.2,18, 953/- from where the AO has started computation Decided in favour of assessee.

Summary

Issues:
1. Treatment of expenditure as capital expenditure
2. Disallowance of TDS on payments made to Mr. Deepak Jagnade
3. Allowance of depreciation on the treated capital expenditure
4. Disallowance under Sec. 40(a)(ia) for TDS not deducted
5. Short deduction of tax on payments

Analysis:

Issue 1: Treatment of Expenditure as Capital Expenditure
The appeal was against the order treating an expenditure of Rs.1,92,660 as capital expenditure for the assessment year 2006-07. The Tribunal noted that the payments made by the assessee were routine business expenses related to providing trucks on hire. It was found that these expenditures did not provide any enduring benefit and were below the threshold for TDS deduction. The Tribunal held that the expenses were revenue in nature and not capital. The disallowance of Rs.1,92,660 as capital expenditure was deleted, allowing the appeal.

Issue 2: Disallowance of TDS on Payments to Mr. Deepak Jagnade
The AO had disallowed the TDS on payments made to Mr. Deepak Jagnade, citing short deduction of tax and the nature of the payments. However, the Tribunal found that the payments were for services provided and not for the purchase of vehicles, as evidenced by the vouchers. It was observed that TDS had been deducted on a portion of the payment, and the rest was added to the income computation. The Tribunal concluded that the expenditure did not qualify as capital expenditure and disallowed the disallowance made by the AO and CIT(A).

Issue 3: Allowance of Depreciation on Treated Capital Expenditure
The assessee had also raised the issue of depreciation on the treated capital expenditure. However, since the Tribunal found the expenditure to be revenue in nature and not capital, the question of allowing depreciation did not arise.

Issue 4: Disallowance under Sec. 40(a)(ia) for TDS Not Deducted
The Tribunal noted that the disallowance under Sec. 40(a)(ia) was based on the presumption of non-deduction of TDS on a specific amount. However, the assessee had clarified that TDS was deducted on a portion of the payment, and the remaining amount was added to the income. Therefore, the disallowance under Sec. 40(a)(ia) was not upheld.

Issue 5: Short Deduction of Tax on Payments
The Tribunal acknowledged the factual submissions made by the assessee regarding the short deduction of tax on certain payments. Since these facts were not controverted, the Tribunal held that disallowance based on short deduction could not be sustained.

In conclusion, the Tribunal allowed the appeal filed by the assessee, deleting the disallowance of Rs.1,92,660 and providing relief on all the contested issues.