9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (5) TMI 483 - AT - Income TaxTDS u/s 194C or u/s 194H - Amount paid to the consolidator on purchase of land - Held that - The amounts paid to the consolidator i.e. M/s. Vikram Electric Co. (P) Ltd. was duly accounted by the assessee in the purchases and closing stock. Undisputedly no sales have been made by the assesee during the period under consideration. In view of above scenario and facts we concur with the conclusion of the coordinate bench of the Tribunal in the case of the Philana Builders & Developers P. Ltd. (2016 (3) TMI 647 - ITAT DELHI ) and hold that the provisions of section 40(i)(ia) of the Act do not apply to the present case on the payments made by the assessee to the consolidator as the assessee has not claimed any deduction for payment as amounted to the consolidator, either in the profit and loss account or in the computation of the taxable income filed alongwith the return of income. Thus, we decline to accept contention of the Ld. DR that the payment made by the assessee to the consolidator on purchase of land attracts the TDS provision of section 194C or section 194H of the Act - Decided in favour of assessee
Issues Involved:
1. Validity of the order passed by the Commissioner of Income Tax (Appeals). 2. Treatment of the amount payable to the consolidator as non-genuine expenditure. 3. Disallowance under section 40(a)(ia) of the Income Tax Act, 1961. 4. Applicability of TDS under sections 194C or 194H of the Income Tax Act, 1961. 5. Impact of disallowance on the appellant's profit liable to tax. Issue-wise Detailed Analysis: 1. Validity of the Order Passed by the Commissioner of Income Tax (Appeals): The appellant challenged the validity of the order dated 24.02.2011 passed by the Commissioner of Income Tax (Appeals) - XVII, New Delhi, arguing that it was "bad in law and wrong on facts." 2. Treatment of the Amount Payable to the Consolidator as Non-Genuine Expenditure: The appellant contended that the Commissioner of Income Tax (Appeals) erred in upholding the Assessing Officer's action of treating the amount payable to the consolidator, ?37,22,734/-, as non-genuine expenditure. The Assessing Officer had observed that the appellant booked this amount over and above the amount paid to landowners and stamp duty, without deducting TDS, thus disallowing it under section 40(a)(ia) of the Income Tax Act. 3. Disallowance Under Section 40(a)(ia) of the Income Tax Act, 1961: The appellant argued that the disallowance of ?37,22,734/- under section 40(a)(ia) was incorrect. The Tribunal noted that similar issues had been decided in favor of the assessee in previous cases, such as Philana Builders & Developers P. Ltd. vs. ITO and Zebina Real Estate P. Ltd. vs. ITO. These cases established that the consolidator was not acting as an agent but on a principal-to-principal basis, and thus, TDS provisions under sections 194C or 194H were not applicable. 4. Applicability of TDS Under Sections 194C or 194H of the Income Tax Act, 1961: The Tribunal examined the Memorandum of Understanding (MoU) between the appellant and the consolidator, Vikram Electric Equipment P. Ltd., and concluded that the consolidator was not acting as an agent but on a principal-to-principal basis. Therefore, the provisions of sections 194C and 194H, which mandate TDS deduction, were not applicable. The Tribunal reiterated that the amount paid to the consolidator was for the transfer of certain rights in the land and not for rendering services. 5. Impact of Disallowance on the Appellant's Profit Liable to Tax: The Tribunal observed that the amount paid to the consolidator was included in the purchases and closing stock, and no sales were made during the year. Therefore, the disallowance had no impact on the appellant's profit liable to tax. The Tribunal concluded that the payment to the consolidator did not attract TDS provisions and allowed the appeal of the assessee. Conclusion: The Tribunal allowed the appeal, holding that the provisions of section 40(a)(ia) of the Income Tax Act did not apply to the payments made to the consolidator. The Tribunal found that the payment was not for services rendered but for the transfer of rights in the land, and thus, TDS provisions under sections 194C and 194H were not applicable. The order of the Commissioner of Income Tax (Appeals) was set aside, and the appeal was allowed in favor of the assessee.
|
