2015 (6) TMI 410 - AT - Income Tax

Disallowance of bus maintenance and bus spares and consumables charges - CIT(A) restricted disallowance - Held that - We do not find any reason to sustain the adhoc disallowance made by the Commissioner of Income Tax (Appeals). Thus, we delete the addition of ₹ 2,00,000/- made under the head bus maintenance, bus spares and consumables. - Decided in favour of assessee. Disallowance of bus hire charges - Held that - It is not disputed that assessee hired vehicles from various parties and those vehicles were in turn used for transporting students of Sri Venketeshwara Engineering College, Sriperumbudur. In such circumstances, it cannot be ruled out that assessee has made payments to those parties for hiring buses. The assessee has returned receipts from the business of transportation of students at ₹ 57,05,083/-. The parties might not have responded to the letters issued by the Assessing Officer in view of strained relationship with the assessee. On this ground alone, the payments made to those parties for hiring buses by the assessee cannot be doubted. In these circumstances, we delete the disallowance - Decided in favour of assessee. Disallowance under section 40(a)(ia) - non deduction of tds - Held that - Provisions of section 40(a)(ia) have no application in case the payments were made within the accounting year. Since the assessee has made the payments within the accounting year, the provisions of section 40(a)(ia) have no application.- Decided in favour of assessee.

Summary

Issues:
1. Disallowance of expenditure under "Bus Running Charges"
2. Disallowance of bus hire charges
3. Disallowance under section 40(a)(ia) for non-deduction of TDS

Issue 1: Disallowance of Expenditure under "Bus Running Charges"
The assessee appealed against the disallowance of Rs. 2,00,000 out of an estimated Rs. 10,00,000 under "Bus Running Charges." The Commissioner of Income Tax (Appeals) had upheld the disallowance, but the ITAT Chennai found it unjustified. The ITAT noted that the disallowance was reduced to Rs. 2,00,000 from Rs. 10,00,000 by the Commissioner based on the total receipts of the assessee, which was deemed excessive. Consequently, the ITAT deleted the additional disallowance and allowed the appeal on this ground.

Issue 2: Disallowance of Bus Hire Charges
The Assessing Officer disallowed bus hire charges of Rs. 9,84,766, alleging lack of confirmation from payees. The Commissioner of Income Tax (Appeals) upheld the disallowance citing non-responsiveness of parties to notice. However, the ITAT observed that the assessee had hired buses from various parties for student transportation, supported by receipts totaling Rs. 57,05,083. Despite non-responsiveness from some parties, the ITAT found no reason to doubt the payments made for hiring buses. Consequently, the ITAT deleted the disallowance and ruled in favor of the assessee.

Issue 3: Disallowance under Section 40(a)(ia) for Non-Deduction of TDS
The Assessing Officer disallowed Rs. 17,52,799 for non-deduction of TDS, a decision upheld by the Commissioner of Income Tax (Appeals). However, the ITAT referred to precedents and held that section 40(a)(ia) does not apply if payments were made within the accounting year. Citing relevant judgments, the ITAT concluded that since the payments were made within the accounting year, the provisions of section 40(a)(ia) were inapplicable. Therefore, the ITAT allowed the appeal on this ground as well.

In conclusion, the ITAT Chennai allowed the appeal of the assessee, overturning the disallowances related to "Bus Running Charges," bus hire charges, and non-deduction of TDS under section 40(a)(ia). The ITAT's decision was based on the lack of justification for the disallowances and the applicability of legal provisions regarding TDS deductions.