2020 (3) TMI 336 - AT - Income Tax

Non-deduction of TDS u/s 194C on payments made to the Transporters - assessee had complied with requirements under Section 194C(7) of I.T. Act and further, that the relevant particulars were on the records of CIT(A) and the AO; is contrary to the observation of the CIT(A) in paragraph 4 and 5 of the impugned consolidated appellate order dated 30.05.2016 - HELD THAT - As the appellant has not complied with the requirement of sub section 7 of section 194C it is not entitled to the benefit of sub-section 6 though in the case of lawful compliance of sub section 7 it would have been entitled for the same. . In view of the foregoing, it will be in fitness of things to remit the matter to the file of the AO for fresh order after due verification at the end of the AO whether the requirements under Section 194C(7) have been complied with by the assessee. We set aside the impugned consolidated appellate order dated 30.05.2016 of the Ld. CIT(A) and the aforesaid consolidated order dated 23.03.2015 of the AO and restore the issue in dispute to the file of the AO for fresh order in accordance with law after due verification at his end whether the requirements under Section 194C(7) of I.T. Act have been duly complied with by the assessee. Needless to say, the AO will provide reasonable opportunity to the assessee before passing fresh order, in order to substantiate the claim that requirements under Section 194C(7) of I.T. Act have been duly complied with by the assessee. Appeals are partly allowed for statistical purposes.

Summary

Issues:
Appeals against consolidated appellate order dated 30.05.2016; Compliance with Section 194C(7) of Income Tax Act; Interpretation of provisions under Section 194C; Remitting the matter to the Assessing Officer for fresh order.

Analysis:
1. Compliance with Section 194C(7) of Income Tax Act:
- The appeals were filed against the consolidated appellate order dated 30.05.2016, where the appellant contested the order passed by the Income Tax Officer treating them as an assessee in default for non-deduction of TDS under Section 194C. The appellant argued that they had complied with the provisions of sub-section 7 of Section 194C by furnishing Form No. 26Q to the Income Tax Officer (TDS) along with relevant details. However, the Ld. CIT(A) dismissed the appeals on the grounds that the appellant had not fully complied with the requirements of sub-section 7, even though the AO had not specifically examined this issue.

2. Interpretation of Provisions under Section 194C:
- The dispute revolved around the interpretation of the provisions of Section 194C and the applicability of TDS on payments made to transporters. The appellant argued that post an amendment to Section 194C by the Finance Act No.2 of 2009, there was no requirement to deduct tax at source on payments to transporters. The AO, however, relied on Explanatory Circulars issued by the Government to assert that the exemption under sub-section 6 of Section 194C was limited to small transporters covered under section 44AE of the Income Tax Act, 1961. The Tribunal highlighted that the Explanatory Circulars could not replace the law and noted that the legislative intent was to assist small transporters, not grant immunity from TDS to all transporters. The Tribunal concluded that the AO's reliance on the Circulars was misplaced, and the appellant's interpretation was more aligned with the legislative intent.

3. Remitting the Matter to the Assessing Officer for Fresh Order:
- After considering the arguments and evidence presented, the ITAT found discrepancies in the compliance with Section 194C(7) by the appellant. As a result, the Tribunal set aside the consolidated appellate order and restored the matter to the Assessing Officer for a fresh order. The AO was directed to verify whether the requirements under Section 194C(7) had been duly complied with by the assessee and provide a reasonable opportunity for the appellant to substantiate their claim before passing a fresh order.

In conclusion, the ITAT partly allowed the appeals for statistical purposes, emphasizing the importance of complying with the specific requirements under Section 194C(7) and the need for a fresh order by the Assessing Officer to address the compliance issue effectively.