2012 (9) TMI 399 - AT - Income Tax

Dis-allowance u/s 40(a)(ia) - non-deduction of TDS - assessee placing reliance on decision in case of Merliyn Shipping & Transports (2012 (4) TMI 290 - ITAT VISAKHAPATNAM) - Held that - Since, Section 40(a)(ia) is applicable only amount payable as on 31st March of year under consideration, hence, issue is remained only to verify the facts of what amount was paid during the previous year and what was payable as on 31st March of previous year of the relevant AY. Therefore, the A.O. is directed to verify the amount paid and payable and to consider the findings given by the CIT (A) the genuineness/authenticity of the expenses claimed has not been proved Addition u/s 68 - source of capital introduced during the year - part of it explained through gift received from his father out of sale proceeds of agricultural land - addition made in absence of evidences - Held that - During proceedings assessee contended the same to be advance against sale proceeds of agricultural land. Matter is set aside to the A.O. to give one more opportunity to the appellant to produce the evidence - Decided in favor of assessee for statistical purposes

Summary

Issues:
1. Addition under Section 40(a)(ia) of the IT Act
2. Addition under Section 68 of the IT Act

Analysis:

Issue 1: Addition under Section 40(a)(ia) of the IT Act
The appeal pertains to the addition of Rs. 8,74,77,630 under Section 40(a)(ia) of the IT Act. The appellant, a transport contractor and commission agent, had made payments to subcontractors without deducting TDS as required under Section 194(c) of the IT Act. The AO found that the appellant had not furnished Form No.15-I to the CIT before the due date, leading to a default in TDS deduction. The CIT(A) confirmed the addition under Section 40(a)(ia) as the genuineness of the expenses claimed was not proven. The appellant's argument based on interpretations from previous cases was considered. However, the Tribunal directed the AO to verify the amounts paid and payable, emphasizing that Section 40(a)(ia) applies to amounts payable as of 31st March of the relevant year. The genuineness of the expenses was to be verified, and the appeal was allowed for statistical purposes.

Issue 2: Addition under Section 68 of the IT Act
The second ground of appeal was against the addition of Rs. 3,27,000 under Section 68 of the IT Act. The appellant had introduced capital, part of which was explained as a gift from his father out of the sale proceeds of agricultural land. However, the AO found no evidence of the source of Rs. 3,27,000 and made the addition. The CIT(A) allowed relief on a portion of the gift received but confirmed the remaining amount due to lack of supporting evidence. The Tribunal directed the AO to provide the appellant with an opportunity to produce evidence for the amount received from the sale proceeds of agricultural land. The appeal was allowed for statistical purposes.

In conclusion, the Tribunal's judgment addressed the issues of additions under Sections 40(a)(ia) and 68 of the IT Act, emphasizing the importance of verifying amounts paid and payable and the genuineness of expenses claimed. The decision provided clarity on the application of relevant sections and allowed the appeal for statistical purposes pending further verification and evidence production.