2014 (2) TMI 470 - AT - Income Tax

Disallowance u/s 40(a)(ia) r.w Section 194C of the Act Transport and octroi charges Held that - As per the provisions of s. 194C(5) of the Act, Assessee was not required to deduct TDS as each of the payment to transporter was less than Rs. 20,000/- and the aggregate payment in the financial year was less than Rs. 50,000 the CIT(A) has held the issue of payment to different truck drivers, dates, modes and quantum of payment to be irrelevant and there is no finding of CIT(A) of the submissions of the Assessee thus, the matter remitted back to the CIT(A) to decide the issue Decided in favour of Assessee.

Summary

Issues:
Appeal against order of CIT(A)-V, Surat for A.Y. 2006-07 - Disallowance of transport and octroi charges under Section 40(a)(ia) r.w.s. 194C.

Analysis:
The appeal was filed by the Assessee against the order of CIT(A)-V, Surat for A.Y. 2006-07, challenging the disallowance of transport and octroi charges amounting to Rs. 30,73,023 under Section 40(a)(ia) r.w.s. 194C. The Assessee, engaged in the business of dyeing, printing, and finishing of cloths on job work basis, had filed its return of income declaring total income of Rs. 3,48,305 for the relevant assessment year. The assessment was framed under section 143(3) by the Assessing Officer, assessing the total income at Rs. 36,49,200. The Assessee contended that the transport charges were paid directly to truck drivers/owners and not to the transporters, hence TDS deduction was not required. The CIT(A) upheld the disallowance by stating that the service was actually discharged by numerous trucks and their drivers on behalf of the transporters, and the absence of a written contract did not alter the implicit contract between the Assessee and the transporters.

The Assessee argued before the ITAT that each payment to the transporter was less than Rs. 20,000 and the aggregate payment in the financial year did not exceed Rs. 50,000, thus, TDS deduction was not required as per Section 194C(5) of the Act. The ITAT observed that the CIT(A) did not give any finding on this issue and remitted the matter back to the CIT(A) for a decision on the applicability of Section 194C(5) of the Act, directing the Assessee to furnish all necessary details promptly. The ITAT allowed the Assessee's appeal for statistical purposes, emphasizing that the CIT(A) should grant adequate opportunity of hearing to both parties before deciding the issue.

In conclusion, the ITAT set aside the order of the CIT(A) and remitted the issue of TDS deduction on transport charges back to the CIT(A) for a fresh decision in light of the provisions of Section 194C(5) of the Act. The Assessee's appeal was allowed for statistical purposes, ensuring a fair opportunity for both parties to present their case before the CIT(A).