2019 (8) TMI 1627 - AT - Income Tax

Disallowance u/s 40(a)(ia) - non-deduction of tax at source on the payment paid to Dawa Enterprises - According to the AO payment to Dawa Enterprise is for works contract whereas according to the assessee contract is of supply of Chinese food and thus it is a contract for sale of goods and not works contract, which could become liable for tax deducted at source (TDS) under section 194C - HELD THAT - As decided in own case relevant terms of the contract has already been incorporated above from which it can be seen that it is purely a supply arrangement and there is nothing to interfere that there is any kind of works contract. Whereas it is not in dispute that the supplier was procuring the equipments as well as raw materials and supplying a Chinese food to the assessee, then such a supply agreement cannot comes into the category of works contract so as to invoke TDS provision u/s.194C. Thus, the order of the Id. CIT(A) holding that it is a goods of supply and purchase of material on which VAT has been charged then such a payment for supply was not entail TDS provision u/s 194C and no disallowance u/s 40(a)(ia) can be made. - Decided in favour of assessee.

Summary

Issues: Disallowance under section 40(a)(ia) for non-deduction of TDS on payment made to another entity.

Analysis:
1. Background: The appeal by the Revenue challenges the order of the Ld. Commissioner of Income-tax (Appeals) for assessment year 2012-13, specifically regarding the disallowance under section 40(a)(ia) for non-deduction of tax at source amounting to ?2,78,67,446.

2. Factual Overview: The assessee, a domestic company operating restaurants in Connaught Place, outsourced its Chinese kitchen operations to another entity, Dawa Enterprises. The Income-tax scrutiny assessment resulted in disallowance under section 40(a)(ia) due to non-deduction of TDS on payments to Dawa Enterprises. The Ld. CIT(A) reversed this disallowance, asserting that the payment was for the supply of material, not a works contract.

3. Key Issue: The central issue revolves around the classification of the agreement between the assessee and Dawa Enterprises as either a works contract or a supply agreement for goods, impacting the applicability of TDS provisions under section 194C of the Income-tax Act.

4. Judicial Analysis: The Assessing Officer contended that the payment to Dawa Enterprises constituted a works contract, necessitating TDS deduction under section 194C. However, the assessee argued that the agreement pertained to the supply of Chinese food, qualifying as a purchase and sale transaction, not subject to TDS provisions. The Ld. CIT(A) examined the agreement terms, emphasizing the nature of the transaction as a food supply agreement, leading to the deletion of the disallowance.

5. Precedent and Tribunal Decisions: The Ld. CIT(A) referenced the Delhi High Court's ruling in CIT vs. Reebok India Company, highlighting that transactions akin to sale of goods do not fall under works contract provisions for TDS deduction. The Tribunal's previous decisions in related cases affirmed this interpretation, supporting the view that the agreement between the parties constituted a supply arrangement, exempt from TDS obligations under section 194C.

6. Decision: Citing precedent and consistent Tribunal rulings, the current Tribunal upheld the Ld. CIT(A)'s decision, dismissing the Revenue's appeal against the disallowance under section 40(a)(ia) for non-deduction of TDS. Consequently, the appeal by the Revenue was rejected, affirming the Ld. CIT(A)'s order.

This comprehensive analysis elucidates the legal intricacies surrounding the disallowance under section 40(a)(ia) in the context of TDS obligations, emphasizing the critical distinction between works contracts and supply agreements in determining tax liability.