2012 (10) TMI 1224 - AT - Income Tax

Summary

Issues involved: Appeal against disallowance of expenses u/s 40(a) (ia) for failure to deduct TDS on hire charges.

Summary:

Issue 1: Disallowance u/s 40(a) (ia) of the Act
The assessee, engaged in the business of travels, appealed against the disallowance of Rs. 69,33,473 u/s 40(a) (ia) for not deducting tax on payments made for hire charges. The AO disallowed Rs. 75,49,611 for failure to deduct TDS on payments made to contractors providing luxury coaches. The CIT(A) upheld the disallowance, stating that failure to deduct TDS does not entitle the claim of expenditure. The AR cited various decisions in support of deleting the addition. The Tribunal noted that TDS is deductible only for work of "carriage of goods or passengers," and held in favor of the assessee based on the decision of the Madras High Court in a similar case. The Tribunal set aside the orders of the revenue for a detailed reconsideration by the AO, considering all aspects and decisions cited by the assessee.

Conclusion:
The appeal of the assessee was allowed for statistical purposes, and the matter was remitted back to the AO for a fresh consideration.