2015 (12) TMI 568 - HC - Income Tax

Disallowance made under Section 40(a)(ia) - CIT(A) deleted the addition - Held that - We note that both the order i.e. of the Commissioner of Income Tax (Appeals) as well as the impugned order of the Tribunal have recorded a finding of fact that the Respondent Assessee has not claimed any expenditure while computing its income chargeable to tax. As a consequence, there can be no occasion to disallow such expenditure under Section 40(a)(ia) of the Act. It is clear from plain reading of Section 40(a)(ia) of the Act that the failure to deduct the TDS in the absence of the same having been claimed as an expenditure while determining the income, would not attract disallowance. The consequence of failure to deduct the tax is found in Section 201 of the Act and it does not in any way permit the addition of an amount, which has not subjected tax deduction at source. The Sine qua non for the application of Section 40(a)(ia) of the Act to apply is claiming of the amount sought to be disallowed as an expenditure / deduction to determine the taxable income of the assessee. In the present case, the Revenue is not challenging the concurrent finding of the fact that the amount of ₹ 4.58 crores, which is being sought to be added to the Respondent s income has not been considered i.e. deducted to arrive at its income. Thus in such a case, the stand of Revenue contrary to the clear provisions of section 40(a)(ia) of the Act is unsustainable. - Decided against revenue.

Summary

Issues:
- Disallowance under Section 40(a)(ia) of the Income Tax Act, 1961

Analysis:
1. The appellant Revenue challenged the order of the Income Tax Appellate Tribunal (the Tribunal) related to Assessment Year 2008-09, specifically questioning the deletion of disallowance made under Section 40(a)(ia) of the Act.

2. The Respondent Assessee, a Third Party Administrator (TPA) in mediclaim Insurance, facilitated cashless services for insured individuals by guaranteeing hospital payments on behalf of the Insurance company. The Assessing Officer disallowed an amount under Section 40(a)(ia) for failure to deduct tax at source. However, the Commissioner of Income Tax (Appeals) allowed the Respondent Assessee's appeal, noting that no such expenditure was claimed in the profit and loss account.

3. The Tribunal upheld the decision, emphasizing that the Respondent Assessee did not claim any expenditure related to hospital payments in its profit and loss account. The Tribunal dismissed the Revenue's appeal based on this finding.

4. The High Court examined the case and noted that the Respondent Assessee's income was not affected by the amount in question, as it was not considered while determining taxable income. The Court highlighted that Section 40(a)(ia) does not apply when the amount in question was not claimed as an expenditure for tax purposes.

5. Referring to a similar case for Assessment Year 2007-08, where the Revenue accepted the decision of the Commissioner of Income Tax (Appeals), the Court found no justification for a different stance in the present case. The Court dismissed the appeal, stating that no substantial question of law arose based on the clear legal provisions, factual findings, and the previous acceptance of a similar decision.

Conclusion:
The High Court upheld the Tribunal's decision, emphasizing that Section 40(a)(ia) does not apply when the amount in question was not claimed as an expenditure for tax purposes. The Court found the Revenue's stance unsustainable and dismissed the appeal, citing clear legal provisions and factual consistency with a previous decision.