2018 (6) TMI 890 - AT - Income Tax

TDS u/s 194A - Disallowance of interest on account of non-deduction of TDS - assessee has deducted TDS on the interest expense to all the companies except in case of individual who had filed Form 15G/15H for non-deduction of TDS - Held that - Revenue has not proved that assessee has failed to furnish the Form 15G collected from the parties before CIT - we find support and guidance from the order of ITAT Delhi Bench in the case of Pragati Construction vs. ITO 1996 (10) TMI 127 - ITAT DELHI-A - thus we note that assessee has filed Form 15H for the immediate preceding AY i.e. 2003-04 which was duly accepted by Ld. CIT and according no disallowance was made. We also not that assessment was framed u/s 143(3) but no disallowance on account of non-deduction of TDS u/s. 194-A r.w.s. 40(a)(ia) - hence we are inclined to reverse the order of Ld. CIT(A) - Decided in favor of assessee.

Summary

Issues Involved:
1. Delay in filing appeal before the Tribunal and condonation of delay.
2. Disallowance of TDS on interest expenses under section 194-A of the Income Tax Act, 1961.

Issue 1: Delay in filing appeal and condonation of delay:
The appeal by the assessee was directed against the order of the Commissioner of Income Tax (Appeals)-24, Kolkata dated 03.11.2015. There was a delay of 28 days in filing the appeal before the Tribunal. The assessee filed an application seeking condonation of the delay, supported by an affidavit. The Tribunal, after considering the reasons for the delay, condoned the delay and proceeded to dispose of the appeal on merit.

Issue 2: Disallowance of TDS on interest expenses under section 194-A:
The main issue raised by the assessee was that the Commissioner of Income Tax (Appeals) erred in confirming the order of the Assessing Officer regarding the disallowance of TDS on interest expenses under section 194-A of the Act. The assessee, a limited company engaged in trading securities, had failed to deduct TDS on interest expenses paid to different companies. The Assessing Officer treated the assessee in default for non-deduction of TDS and made a disallowance. The assessee contended that TDS was deducted on interest expenses to all companies except for individuals who had filed Form 15G/15H for non-deduction of TDS.

The Commissioner of Income Tax (Appeals) confirmed the order of the Assessing Officer based on a remand report stating that the records regarding Form 15G could not be retrieved. However, the Tribunal noted that the assessee had filed Form 15G before the Commissioner of Income Tax, which was not considered by the Commissioner of Income Tax (Appeals) due to the untraceable records. Relying on precedents, the Tribunal held that the benefit of doubt should go in favor of the assessee as the Revenue failed to prove that the assessee did not furnish Form 15G to the authorities. Additionally, the Tribunal observed that for the immediate preceding assessment year, Form 15H was accepted by the Commissioner of Income Tax without any disallowance. Therefore, the Tribunal reversed the order of the Commissioner of Income Tax (Appeals) and directed the Assessing Officer accordingly, allowing the assessee's appeal.

This detailed analysis addresses the issues involved in the legal judgment, covering the delay in filing the appeal and the disallowance of TDS on interest expenses under section 194-A of the Income Tax Act, 1961.