2016 (12) TMI 1547 - AT - Income Tax

TDS u/s 194C - Disallowance u/s 40(a)(ia)- non deduction of tax at source from reimbursement of expenses - Held that - The assessee was simply providing services of facilitators by arranging the transport vehicles from the other transporters for which he used to get the reimbursement from those parties for whom he arranged these services and used to charge his commission only which was duly shown as income. We therefore, find merit in the contentions of the ld. AR that the assessee was not supposed to deduct TDS on the reimbursement made. We therefore inclined to restore the matter to the file of AO by setting aside the order of ld.CIT(A) and directing the AO to verify the reimbursement of expenses after hearing the same and accordingly decide the issue as per law and fact. Accordingly, we allow this ground for statistical purposes.

Summary

Issues:
1. Disallowance under section 40(a)(ia) of the Income Tax Act, 1961 for non-deduction of tax at source from reimbursement of expenses.

Detailed Analysis:
1. The appeals were against orders for assessment years 2007-08 and 2009-10. The issue involved was the disallowance under section 40(a)(ia) of the Act due to non-deduction of tax at source from reimbursement of expenses. The AO added ?1,72,14,875 to the total income of the assessee for not deducting TDS from payments made to various parties.

2. The assessee argued that the provisions of section 40(a)(ia) did not apply to direct expenses admissible under section 28 of the Act. The CIT(A) rejected the submissions, stating that the appellant was a contractor passing on contracts to others, making payments fall under section 194C(2) and disallowable under section 40(a)(ia). The CIT(A) dismissed the appeal citing insufficient details provided by the appellant.

3. The assessee contended that as a facilitator arranging transport services, TDS was not applicable to reimbursements. The AR argued that section 40(a)(ia) did not apply if payees filed returns and paid taxes. The AR requested the deletion of the addition based on these arguments.

4. The Tribunal found that the assessee acted as a facilitator for transport services, receiving reimbursements from customers and passing them to transporters. The Tribunal observed that TDS was not deducted on contractual payments, totaling ?1,72,14,875, as the assessee was not required to deduct TDS on reimbursements. The matter was remanded to the AO for verification.

5. In another appeal for the assessment year 2009-10, the issue was the deletion of an addition of ?3,53,20,347 by the CIT(A) for non-deduction of tax on reimbursement of expenses. The Tribunal upheld the CIT(A)'s decision, stating that TDS was not required on reimbursements, and dismissed the revenue's appeal.

6. Ultimately, the Tribunal allowed the appeal for the assessment year 2007-08 for statistical purposes and dismissed the appeal for the assessment year 2009-10.

This detailed analysis covers the issues of disallowance under section 40(a)(ia) for non-deduction of tax at source from reimbursement of expenses, providing a comprehensive understanding of the legal judgment.