9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (6) TMI 85 - HC - Income TaxDisallowance u/s. 40(a)(ia) of the Act for non-deposit of TDS - Tribunal has observed that the Respondent had duly deposited the Tax Deducted at Source (TDS) with the Government by the due date for filing the return of income - HELD THAT - The said finding of the Tribunal returned after perusing the documents furnished by the Respondent cannot be disputed in the present appeal. Learned counsel for the Appellant has not brought on record any material to dislodge the said finding of fact returned by the Tribunal. Since the deposit of TDS was made within the time permitted, the Tribunal is right in holding that the said expense incurred by the Respondent cannot be disallowed. In this regard, findings of the Tribunal are in conformity with the judgment of the Supreme Court in the case of Commissioner of Income Tax v. Calcutta Export Company 2018 (5) TMI 356 - SUPREME COURT - The finding of the Tribunal is, therefore, correct in law and no substantial question of law with respect to Section 40(a)(ia) of the Act, arises Disallowance u/s 14A read with Rule 8D(2)(iii) - HELD THAT - Tribunal has considered that the Respondent was holding the shares as a stock-in-trade and has, therefore, disallowed the addition made by the JAO. Learned counsel for the Appellant has not disputed the fact that the shares are held as stock-in-trade by the Respondent. In the aforesaid view of the matter, the questions of law proposed by the Appellant do not arise for consideration either in fact or in law.
Issues:
1. Disallowance of TDS under Section 40(a)(ia) of the Income Tax Act. 2. Disallowance under Section 14A of the Act read with Rule 8D of the Income Tax Rules. Issue 1: Disallowance of TDS under Section 40(a)(ia) of the Income Tax Act: The appeal was filed against the order passed by the Income Tax Appellate Tribunal (ITAT) regarding disallowances made by the Jurisdictional Assessing Officer (JAO) under Section 40(a)(ia) of the Act. The Tribunal held that since the Tax Deducted at Source (TDS) was paid before the filing of the return of income, no addition should be made. The Tribunal relied on a judgment of the Calcutta High Court and held that the disallowance of TDS is not warranted. The Tribunal's decision was based on the fact that the TDS was deposited before the due date of filing the return of income, in line with the Supreme Court's judgment. The Tribunal's finding was deemed correct in law, and no substantial question of law arose regarding this issue. Issue 2: Disallowance under Section 14A of the Act read with Rule 8D of the Income Tax Rules: The Tribunal allowed the appeal of the Respondent against the disallowances made under Section 14A read with Rule 8D of the Rules. The Tribunal relied on a previous order by the Delhi Tribunal and held that the issue was squarely covered in favor of the assessee. The Tribunal also referred to a Supreme Court judgment stating that when shares are held as stock-in-trade, the provisions of Section 14A are not attracted. The Tribunal deleted the disallowance under Rule 8D(2)(iii) of the Rules based on the fact that the shares were held as stock-in-trade by the Respondent. The Tribunal's decision was supported by relevant case law and the Supreme Court's interpretation of the law. The Appellant's challenge to the deletion of disallowance under Rule 8D(2)(ii) was also dismissed as the facts did not support the disallowance. The Tribunal's decision was in line with established legal principles, and the appeal was accordingly dismissed. In conclusion, the High Court upheld the Tribunal's decision regarding both issues, emphasizing compliance with legal provisions and established judicial interpretations. The judgment provided a detailed analysis of the facts, legal principles, and precedents, ensuring a thorough examination of the issues involved.
|
