9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (2) TMI 1041 - AT - Income TaxPenalty u/s.271(1)(c) - furnishing inaccurate particulars of income by non deduction of TDS u/s.194C - HELD THAT -Disallowance u/s.40(a)(ia) of the Act is concerned, the same has been deleted by the Coordinate Bench by holding that provisions of section 40(a)(ia) of the Act were not applicable for the year under consideration with the following observation of ITAT passed in assessee s own case for AY 2005-06 2016 (10) TMI 1297 - ITAT AHMEDABAD - No penalty to be levied - Decided against revenue
Issues Involved:
1. Deletion of penalty under Section 271(1)(c) of the Income Tax Act. 2. Non-deduction of TDS under Section 194C and its implications under Section 40(a)(ia). 3. Addition under Section 68 for unexplained cash credits. 4. Procedural aspects and the jurisdiction of the CIT(A) in enhancing the assessment. Issue-wise Detailed Analysis: 1. Deletion of Penalty under Section 271(1)(c): The Revenue contested the CIT(A)'s decision to delete the penalty of ?1,65,48,303/- imposed for furnishing inaccurate particulars of income due to non-deduction of TDS under Section 194C. The Tribunal noted that the CIT(A) had granted relief to the assessee by deleting this penalty. The Tribunal emphasized that the CIT(A) had correctly interpreted the facts and the law, particularly with respect to the applicability of Section 40(a)(ia) for the year under consideration. The Tribunal upheld the CIT(A)'s decision, citing consistency with previous ITAT orders and the principle that amendments to Section 40(a)(ia) by the Finance Act, 2010, which allowed TDS deposited before the due date of filing the return, should be applied retrospectively. 2. Non-deduction of TDS under Section 194C and its Implications under Section 40(a)(ia): The Tribunal discussed the detailed analysis provided by the CIT(A) and the ITAT in previous orders. It was noted that the assessee had deducted TDS but deposited it after the due date, but before the filing of the return, which was permissible under the amended provisions of Section 40(a)(ia). The Tribunal referenced the decision of the Hon’ble Gujarat High Court in CIT vs. B.M.S. Projects P. Ltd., which supported the retrospective application of the amendment. Additionally, the Tribunal considered the nature of the transactions, concluding that the relationship between the assessee and the truck owners did not constitute a contractor-subcontractor relationship requiring TDS deduction under Section 194C. 3. Addition under Section 68 for Unexplained Cash Credits: The CIT(A) had enhanced the income by ?13,25,000/- under Section 68 for unexplained cash credits. The assessee provided confirmations and PAN details for the creditors, which were accepted by the CIT(A) in a subsequent order dated 21/06/2012, thereby deleting the addition. The Tribunal noted that the Revenue did not appeal against this order, making it final. Consequently, the Tribunal upheld the deletion of the penalty related to this addition, as the issue had been resolved in favor of the assessee in the quantum appeal. 4. Procedural Aspects and Jurisdiction of the CIT(A) in Enhancing the Assessment: The Tribunal examined the procedural fairness in the CIT(A)'s handling of the case. The CIT(A) had given multiple opportunities to the assessee to provide evidence and explanations regarding the freight expenses and unsecured loans. The Tribunal found that the CIT(A) had acted within her jurisdiction in enhancing the assessment based on the available evidence and the assessee's failure to substantiate the claims. The Tribunal also addressed the assessee's request to keep the penalty proceedings in abeyance, concluding that there was no legal provision to do so in the absence of a restraining order from the High Court. Conclusion: The Tribunal dismissed the Revenue's appeal, upholding the CIT(A)'s decisions on all grounds. The key reasons included the retrospective application of the amendment to Section 40(a)(ia), the nature of the transactions not constituting a contractor-subcontractor relationship, and the finality of the CIT(A)'s order deleting the addition under Section 68. The Tribunal emphasized the importance of consistency with previous judicial decisions and the proper application of legal provisions.
|
