2018 (10) TMI 714 - AT - Income Tax

Additions u/s 40(a)(ia) - TDS liability u/s 194C - assessee has not furnished the particulars of all payees/contractors in the prescribed form to the prescribed authority in time - Held that - requisite return in the prescribed form was ultimately filed albeit belatedly, the assessee could not have deducted TDS on receipt of specific information from the payees/contractors. Therefore, in the absence of any liability to deduct tax at source under section 194C of the Act, provisions of section 40(a)(ia) of the Act does not get triggered. - Decided in favor of assessee.

Summary

Issues:
Challenge to disallowance under section 40(a)(ia) concerning non-deduction of tax at source on transportation charges.

Analysis:
The appeal was filed against the order of the CIT(A) confirming the disallowance of a specific amount under section 40(a)(ia) due to the failure of the assessee to deduct tax at source as required under section 194C of the Income Tax Act. The assessee contended that they had submitted the necessary Form No.26Q with the prescribed authority, and since the PAN information was obtained from the contractors and the return was filed, there was no statutory obligation to deduct TDS. The CIT(A) rejected this argument, leading to the appeal before the Tribunal.

The Tribunal considered the submissions and referred to a similar case where it was held that if the necessary forms for non-deduction were obtained from the contractors, the disallowance under section 40(a)(ia) would not apply. The Tribunal analyzed the relevant provisions of the Income Tax Act, specifically section 40(a)(ia), which states that the deduction is not permissible when tax deductible at source has not been deducted or paid. In this case, it was established that the assessee was not liable to deduct tax at source under section 194C due to the receipt of the prescribed form, thereby negating the applicability of section 40(a)(ia).

The Tribunal emphasized that the delay in filing the prescribed form did not create a liability to deduct TDS under section 194C. Citing precedents and legal provisions, the Tribunal concluded that the action of the Revenue authorities was legally unsustainable. Therefore, the addition/disallowance made by the Assessing Officer under section 40(a)(ia) was directed to be deleted, and the appeal of the assessee was allowed.

In the final order pronounced on May 2, 2018, the Tribunal upheld the decision to delete the disallowance under section 40(a)(ia) and allowed the appeal of the assessee. The judgment highlighted the importance of complying with statutory obligations and the legal implications of non-deduction of tax at source under relevant provisions of the Income Tax Act.