2012 (11) TMI 456 - AT - Income Tax

Non deduction of TDS - payment made to Mathadi Board - disallowance u/s 40(a)(ia) - Held that - there is no contractual relationship as a principal and contractor between these assessees and Mathadi Board, but, in fact, in pursuance of the provisions of the Act as well as the scheme, both these assessees are bound to engage the labourers or the workers through the Mathadi Board therefore, the disallowance made by the A.O. invoking the provisions of section 40(a)(ia) was not justified - in favour of assessee. Disallowance for non-deduction of tax u/s 194A - Held that - There is no dispute about the fact that the assessee has obtained the Form No. 15G has provided under section 197A(1)(ia) but the assessee did not furnish the said Form to the CIT, Kolhapur. Thus it is only the procedural lapse. Once the assessee has obtained the Form No. 15G from the payee assessee, has no legal obligation to deduct the tax on the payment made to payee - in favour of assessee.

Issues Involved:
1. Disallowance under section 40(a)(ia) of the Income Tax Act for non-deduction of TDS on payments to the Mathadi Board.
2. Disallowance under section 40(a)(ia) for non-deduction of TDS on interest paid to Neminath Nagari Sahkari Pat Sanstha.

Issue-wise Detailed Analysis:

1. Disallowance under section 40(a)(ia) for payments to the Mathadi Board:
The primary issue is whether the payments made to the Mathadi Board by the assessees should be disallowed under section 40(a)(ia) of the Income Tax Act due to non-deduction of TDS as required by section 194C(1). The assessees, M/s. Gokuldas Virjibhai and Company, and M/s. Natwarlal Amritlal Parekh, had paid labor charges to the Mathadi Board without deducting TDS. The Assessing Officer (A.O.) concluded that the Mathadi Board acted as an intermediary between the businessmen and registered workers, thus establishing a contractual relationship requiring TDS deduction under section 194C(1). The CIT(A) upheld this view.

However, upon examining the Maharashtra Mathadi Hamal and Other Workers (Regulation of Employment and Welfare) Act, 1969, and the scheme framed under it, the Tribunal found that the Mathadi Board is not a labor contractor but a statutory body implementing labor welfare schemes. The Mathadi Board ensures the supply and proper utilization of unprotected workers and regulates their employment terms. The Tribunal noted that the relationship between the assessees and the Mathadi Board does not constitute a principal-contractor relationship under section 194C(1). Therefore, the Tribunal held that the disallowance under section 40(a)(ia) was not justified and deleted the disallowance in both cases.

2. Disallowance under section 40(a)(ia) for interest paid to Neminath Nagari Sahkari Pat Sanstha:
In the case of M/s. Natwarlal Amritlal Parekh, an additional issue was the disallowance of Rs. 1,02,609/- for non-deduction of TDS on interest paid to Neminath Nagari Sahkari Pat Sanstha under section 194A. The A.O. disallowed the interest payment under section 40(a)(ia) due to the assessee's failure to submit Form No. 15G to the CIT within the stipulated time, even though the form was obtained from the payee.

The Tribunal found that the assessee had indeed obtained Form No. 15G, which exempts the payer from deducting TDS. The failure to submit the form to the CIT was deemed a procedural lapse, not warranting disallowance under section 40(a)(ia). Therefore, the Tribunal deleted the disallowance of the interest payment.

Conclusion:
The Tribunal allowed both appeals, holding that the disallowance under section 40(a)(ia) for payments to the Mathadi Board was not justified due to the absence of a principal-contractor relationship. Additionally, the disallowance for interest paid to Neminath Nagari Sahkari Pat Sanstha was deleted as the procedural lapse of not submitting Form No. 15G to the CIT did not justify such disallowance.

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