2017 (9) TMI 43 - HC - Income Tax

Applicability of section 40(a)(ia) - TDS liability u/s 194C on amount payable and not on the amount actually paid - Held that - Section 40(a)(ia) covered not only those cases where the amounts were payable but also those where it was paid. Accordingly, the question framed is decided in favour of the Revenue and against the Assessee in terms of the Supreme Court decision in the case of Palam Gas Services v. CIT 2017 (5) TMI 242 - SUPREME COURT . The result whereof shall be that the view taken by the Assessing Officer of disallowance is upheld and is restored.

Summary

Issues:
Appeal under section 260A of the Income Tax Act, 1961 against the order of the Commissioner of Income Tax (Appeals) regarding disallowance of expenses under section 40(a)(ia) for non-deduction of TDS.

Analysis:
The appeal was filed by the Revenue against the order of the Income Tax Appellate Tribunal (ITA) regarding the disallowance of expenses made by the respondent-assessee for dyeing, printing, embroidery, finishing, and bleaching charges. The Assessing Officer disallowed the payment due to non-deduction of TDS under Section 194C of the Income Tax Act, 1961. The Commissioner of Income Tax (Appeals) reduced the disallowance amount, considering the amount payable at the year-end. The assessee conceded that the expenses were covered under Section 194C, leading to the Commissioner and ITA proceeding on that basis.

The Income Tax Appellate Tribunal, Amritsar Bench, allowed the Revenue's appeal and partly allowed the assessee's appeal. The tribunal's decision restored the disallowance made by the Assessing Officer under section 40(a)(ia) of the Act. The Tribunal recorded the admission by the assessee that the payments were covered under Section 194-C, making Section 40(a)(ia) applicable to the case.

The assessee appealed the Tribunal's decision before the High Court, which framed the substantial question of law regarding the applicability of Section 40(a)(ia) on the amount payable or actually paid. The assessee filed an application for rectification under section 254(2) of the Act, which was allowed, leading to a re-argument before the Tribunal. The Tribunal, in its order dated 25.2.2016, upheld the decision of the Commissioner of Income Tax (Appeals) and deleted a portion of the disallowance.

The High Court referred to a recent Supreme Court decision in Palam Gas Services v. CIT, where the interpretation of Section 40(a)(ia) was discussed. The Supreme Court held that the section applies not only to amounts payable but also to amounts actually paid. Citing this decision, the High Court allowed the Revenue's appeal, upholding the disallowance of the expenses made by the Assessing Officer. The impugned judgment was set aside, and the view of the Assessing Officer was restored.