2016 (3) TMI 1311 - AT - Income Tax

Additions u/s 40a(ia) - TDS liability on finance charges and interest in the form of equated monthly instalments to the finance companies from whom the loans were obtained - it was submitted that the finance companies have taken post dated cheques by way of monthly instalments of the entire loan amount and hence it is not possible for the assessee to separately deduct tax. - Held that - the provisions of section 40(a)(ia) of the Act cannot be applicable in respect of amounts already paid before 31st March and allowed the appeal filed by the assessee. - Decided in favor of assessee.

Summary

Issues:
Whether TDS is applicable on finance charges and interest already paid.

Analysis:
The appeal was filed against the CIT(A)'s order for the assessment year 2008-09, where the AO invoked section 40a(ia) of the Income Tax Act, 1961, to disallow finance charges and interest paid by the assessee to finance companies. The CIT(A) upheld the AO's decision, stating that TDS provisions apply to interest paid on vehicle financing, and it's the responsibility of the assessee to deduct tax at source.

During the Tribunal hearing, the assessee cited a previous judgment by the Visakhapatnam bench in a related case, where it was held that section 40(a)(ia) cannot be applied to amounts already paid before 31st March. The Tribunal noted this precedent and allowed the appeal, directing the AO to restrict disallowance to amounts payable after 31st March. Since the AO did not contest that payments were pending and the assessee claimed the payments were made before 31st March, the appeal was allowed based on the precedent and the specific circumstances of the case.

In conclusion, the Tribunal allowed the appeal, following the precedent set by the Visakhapatnam bench regarding the applicability of TDS on finance charges and interest already paid, directing the AO to restrict disallowance to amounts payable after 31st March. The decision was based on the specific facts of the case and the interpretation of the relevant provisions of the Income Tax Act.