2014 (7) TMI 1053 - AT - Income Tax

Payment on administrative charges Non-deduction of TDS u/s 194C Held that - Assessee contended that a similar issue came up for consideration before the High Court wherein the Court remitted the issue back to the file of the AO - the exercise he has to do is to take into consideration the provisions under Income Tax Act pertaining to the tax deduction at source whether it is with reference to Section 40(a)(ia) or other provisions thus, the matter is remitted back Decided in favour of Assessee. Interest paid/payable on debentures TDS not deducted Held that - The matter is remitted back to AO and directed to call for the assessee to produce copy of Form 15G/H before him - Relating to computation of surcharge and educational cess before giving credit to the tax paid u/s. 115JAA, this issue is also remitted back to the AO as the main issue has gone back to the Assessing officer for fresh examination Decided in favour of Assessee.

Summary

Issues:
1. Non-deduction of TDS on administrative charges paid to a firm.
2. Non-deduction of TDS on interest paid on debentures.

Issue 1: Non-deduction of TDS on administrative charges paid to a firm:
The appellant, engaged in the business of a non-banking Financial Company (NBFC), filed appeals against the CIT(A)'s order for the assessment years 2006-07 and 2007-08. The original assessment determined the total income, but later, it was reopened under section 147 of the IT Act due to non-deduction of TDS on administrative charges paid to a firm. The Assessing officer added the entire amount of administrative charges to the total income, invoking section 40a(ia) of the Act. The CIT(A) confirmed this order. The appellant cited a similar case before the High Court, leading to the Tribunal remitting the matter back to the Assessing officer for re-examination based on TDS provisions under the Act. The Tribunal allowed the appeal for statistical purposes, following the High Court's observations.

Issue 2: Non-deduction of TDS on interest paid on debentures:
In this case, the appellant made payments of interest on secured debentures, and the original assessment determined the total income. However, it was found that TDS was not deducted on interest paid on debentures, leading to the Assessing officer invoking section 40a(ia) for adding the amount to the total income. The appellant had obtained Form 15G/15H from payees, but the duplicate was not available for verification. The CIT(A) upheld the Assessing officer's decision. The appellant argued that filing declarations was not mandatory, and there were issues with the computation of surcharge and educational cess. The Tribunal remitted the issue back to the Assessing officer for verification of Form 15G/H and re-examination of the surcharge and educational cess computation, allowing the appeal for statistical purposes.

In conclusion, both issues revolved around the non-deduction of TDS, leading to additions to the total income. The Tribunal directed a re-examination by the Assessing officer in both cases based on relevant legal provisions and observations from higher authorities, ultimately allowing the appeals for statistical purposes.