2013 (9) TMI 87 - AT - Income Tax

Disallowance u/s 40(a)(ia) - Reimbursement Expenses & Service Charges - Held that - It is evident that nature of payment is reimbursement as can be verified from the bills issued by M/s. Robinson Air Services for payment made to the Custom Department. These payments were made by the assessee to his agent which were not principal to principal. There is also no profit element in these payments. Thus, TDS is not liable to be deducted on it - Decided in favour of assessee. Disallowance of interest expenses u/s. 36(1)(iii) - Held that - The appellant had not able to prove whatever reply with evidences produced before the CIT(A), had been furnished to the A.O. at the time of assessment proceeding, as per paper book submitted by the appellant on page nos. 1 to 4 & 5 to 8 i.e. written submission. It is also evident from the order of the CIT(A) that he has not allowed any opportunity to the A.O. on the additional evidence admitted by him during the course of appellate proceeding. Thus, in the interest of justice, on this issue, order of the CIT(A) is set aside for de novo and also directed to allow reasonable opportunity of being heard to the A.O. and pass necessary order as per law - Decided in favour of assesee.

Summary

Issues Involved:

1. Reimbursement Expenses & Service Charges under Section 40(a)(ia) of the IT Act.
2. Interest Expenses under Section 36(1)(iii) and Administrative Expenses under Section 14A of the IT Act.
3. Disallowance of Prior Period Expenses.
4. Penalty under Section 271(1)(C) of the IT Act.

Issue-wise Detailed Analysis:

1. Reimbursement Expenses & Service Charges under Section 40(a)(ia) of the IT Act:

The assessee's appeal challenged the confirmation of Rs. 22,97,336/- as disallowance under Section 40(a)(ia) for non-deduction of TDS on payments made to Robinson Air Services. The AO observed that the assessee failed to deduct TDS on payments exceeding Rs. 50,000/-. The CIT(A) upheld this disallowance, referencing CBDT Circular No. 715, which mandates TDS on the gross amount of composite contracts. The Tribunal, however, found that the payments were reimbursements without a profit element and hence not liable for TDS. Consequently, the Tribunal reversed the CIT(A)'s order, granting relief to the assessee.

2. Interest Expenses under Section 36(1)(iii) and Administrative Expenses under Section 14A of the IT Act:

The AO disallowed Rs. 56,57,827/- as interest expenses and Rs. 20,000/- as administrative expenses under Section 14A, arguing that the assessee used interest-bearing funds for investments yielding exempt income. The CIT(A) partially allowed the appeal, reducing the disallowance to Rs. 11,22,513/- based on the source of investments and prior years' reserves. The Tribunal noted that the CIT(A) accepted additional evidence without AO's review and set aside the order for a de novo review, directing the CIT(A) to provide the AO an opportunity to examine the evidence.

3. Disallowance of Prior Period Expenses:

The AO disallowed Rs. 1,17,138/- as prior period expenses, arguing they pertained to an earlier year. The CIT(A) allowed Rs. 1,16,138/- under Section 43B, as the payment was made within the relevant year, disallowing only Rs. 1,000/- as penalty. The Tribunal upheld the CIT(A)'s decision, recognizing the expenses as crystallized and allowable under Section 43B.

4. Penalty under Section 271(1)(C) of the IT Act:

The AO imposed a penalty of Rs. 13,87,101/- under Section 271(1)(C) for furnishing inaccurate particulars of income, based on disallowances under Sections 14A, 40(a)(ia), and prior period expenses. The CIT(A) partly upheld the penalty, referencing the Supreme Court's decision in CIT vs. Reliance Petro Products (P) Ltd., which held that a mere claim not substantiated in law does not constitute furnishing inaccurate particulars. The Tribunal, noting that most additions were deleted or set aside, found no reason to confirm the penalty and allowed the assessee's appeal.

Conclusion:

The Tribunal's combined order resulted in partial relief for both the assessee and the Revenue in quantum appeals, while the assessee's appeal against the penalty was fully allowed. The Tribunal emphasized the necessity of providing the AO an opportunity to review additional evidence and the importance of distinguishing between reimbursement and profit-bearing payments for TDS applicability.