2011 (7) TMI 1363 - AT - Income Tax

Summary

Issues involved:
The judgment involves issues related to the deletion of additions made by the Assessing Officer under section 40(a)(ia) of the Income-tax Act, 1961 for payments made to contractors and Keyman Insurance Policy.

Issue 1 - Deletion of additions under sec. 40(a)(ia) for payments to contractors:
The Revenue appealed against the deletion of additions totaling Rs. 33,77,874 made by the Assessing Officer under section 40(a)(ia) for payments made to contractors. The Assessing Officer disallowed this amount as tax was not deducted at source from the payments made for various services. However, the CIT(A) deleted the disallowance based on precedents from earlier years where similar disallowances were canceled. The Tribunal upheld the CIT(A)'s decision, stating that the payments were made to representatives of laborers through their Mukadam, employees of the assessee, and did not exceed the prescribed limits under section 194C. As the Revenue failed to provide any material to challenge this finding, the appeal was dismissed.

Issue 2 - Disallowance of Keyman Insurance Policy deduction:
The second issue pertained to the disallowance of a deduction of Rs. 4,00,000 claimed by the assessee for Keyman Insurance Policy premium. The Assessing Officer disallowed the claim as the policy was believed to have been assigned to another individual. However, the CIT(A) deleted the disallowance after receiving clarification from ICICI Prudential that the policy was in the name of the company and not assigned to another director. The Tribunal upheld this decision, noting that the Revenue did not present any evidence to contradict the facts established by the CIT(A). Therefore, the appeal on this issue was also dismissed.