2020 (9) TMI 1270 - AT - Income Tax

TDS u/s 195 - disallowance u/s 40(a)(ia) - non-deduction of TDS on reimbursement of expenses to overseas group entities - HELD THAT - The expenses were disallowed by the AO for the reason that on the amount of expenses which have been claimed by the assessee no TDS was deducted by it. CIT(A) has given finding that the assessee was not required to deduct TDS on the reimbursement of the expenses made to the overseas entities as it was on cost to cost basis. We further find that the coordinate Bench of Tribunal while deciding the identical issue in assessee s own case in A.Y. 2010-11 2011-12 2012-13 has held that the provision of section 195 are not attracted on the amounts paid by assessee to its overseas group Companies as it was mere reimbursement and that no disallowance u/s 40(a)(ia) are attracted. Before us Revenue has not pointed out any distinguishing features in the fact of the case for the year under consideration and that of earlier years nor has placed any material on record to demonstrate that the order of Tribunal in assessee s own case for A.Y. 2010-11 to 2012-13 2019 (1) TMI 1990 - ITAT DELHI and 2018 (2) TMI 1628 - ITAT DELHI has been set aside/ stayed or overruled by higher judicial forum. We find no reason to interfere with order of CIT(A). - Decided against revenue.

Summary

Issues:
Disallowance of expenses under section 40(a)(ia) for non-deduction of TDS on reimbursement of expenses to overseas group entities.

Analysis:

Issue 1: Disallowance of expenses under section 40(a)(ia)
The case involved the disallowance of expenses amounting to Rs. 1,48,81,966 by the Assessing Officer (AO) under section 40(a)(ia) of the Income-tax Act, 1961 due to the non-deduction of TDS on reimbursement of expenses to overseas group entities. The Assessee, a company providing management and consultancy services, had filed its return of income for Assessment Year 2013-14, declaring a loss. The AO disallowed the expenses as TDS was not deducted while making the payment. However, the Assessee contended that the payments were made to overseas group companies towards recoupment of actual costs incurred by them on behalf of the Assessee, and thus, no TDS deduction was required. The CIT(A) allowed the Assessee's appeal, holding that TDS deduction was not necessary on reimbursement of expenses to overseas entities. The Revenue appealed against this decision.

Issue 1 Analysis:
During the proceedings, the AO disallowed the expenses due to non-deduction of TDS by the Assessee. The CIT(A) reversed this decision, stating that TDS was not required on reimbursements to overseas entities. The Tribunal noted that in previous years, it had held that no TDS was necessary on such reimbursements as they were on a cost-to-cost basis. The Revenue failed to provide any new evidence or legal basis to challenge this precedent. Therefore, the Tribunal upheld the CIT(A)'s decision, dismissing the Revenue's appeal. The Tribunal concluded that the Assessee was not obligated to deduct TDS on reimbursements to overseas entities, and thus, the disallowance of expenses under section 40(a)(ia) was not justified.

Conclusion:
The Tribunal dismissed the Revenue's appeal, upholding the CIT(A)'s decision that the Assessee was not required to deduct TDS on reimbursement of expenses to overseas group entities, as it was on a cost-to-cost basis. The Tribunal found no reason to interfere with the CIT(A)'s order, based on the precedent set in the Assessee's own case for previous assessment years.