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2014 (11) TMI 318 - HC - Income TaxTDS not deducted on payments - Partial additions sustained Bills and invoices could not be produced Held that - Section 40(a)(ia) was neither invoked by the AO nor by the first appellate authority - before the Tribunal, revenue did raise the contention that TDS provisions would be applicable - application of Section 194C of the Act was not pleaded before the Tribunal - as far as Section 195 is concerned, it would not be applicable as it is apparent that M/s. Global Reliance Inc. did not have any business operations in India and they were functioning and operating in the USA - it does not appear that the Revenue had relied upon deeming provisions under Section 9 of the Act to hold that M/s. Global Reliance Inc. was covered and should be taxed in India in respect of the said income and, therefore, the TDS u/s 195 of the Act should have been deducted - specific sub-section which could be applicable was not stated and adverted to thus, the order of the Tribunal is upheld Decided against revenue.
Issues:
1. Challenge to deletion of addition by Revenue for assessment year 2005-06. 2. Validity of expenses claimed by the assessee. 3. Applicability of TDS provisions on contractual payments. Analysis: 1. The Revenue challenged the deletion of addition of Rs. 4,07,92,581/- by the Income Tax Appellate Tribunal (ITAT) for assessment year 2005-06. The challenge was based on the assertion that the conclusion in the impugned order was perverse as per the findings recorded by the ITAT and the Commissioner of Income Tax (Appeals) (C.I.T (Appeals)). The Tribunal upheld the factual nature of the findings, leading to the challenge by the Revenue. 2. The Assessing Officer disallowed expenses claimed by the assessee amounting to Rs. 4,33,78,000/-, considering them as post-sale expenses not related to the assessee. However, the C.I.T (Appeals) reversed these findings after detailed examination. The C.I.T (Appeals) found that the expenses were actually incurred by the consignee, M/s. Global Reliance Inc., USA, with whom the assessee had a contractual agreement. The C.I.T (Appeals) analyzed various expenses like ocean freight, duties, warehousing, and administrative expenses, providing evidence to support the assessee's claims. 3. The issue of TDS provisions on contractual payments was raised during the appeal. The Revenue contended that Section 40(a)(ia) of the Income Tax Act would be applicable as the assessee had not deducted TDS on the payments. However, this provision was not invoked by the Assessing Officer or the C.I.T (Appeals). The Tribunal rejected the contention of the Departmental Representative, citing a Supreme Court decision. The Revenue sought to rely on Section 194C of the Act before the High Court, which was not pleaded before the Tribunal. The court found that Section 195 would not be applicable as M/s. Global Reliance Inc. operated in the USA and not in India, and there was no reliance on deeming provisions under Section 9 of the Act to tax them in India. In conclusion, the High Court dismissed the appeal as the Revenue failed to provide sufficient grounds to challenge the factual findings of the appellate authorities. The court found no reason to issue notice in the appeal, and the decision of the ITAT and C.I.T (Appeals) regarding the deletion of the addition was upheld.
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