2018 (8) TMI 1055 - AT - Income Tax

Additions u/s 40(a)(ia) for non deduction of tax (TDS) on certain payments - TDS on hire charges - Additions u/s 69B - Held that - the Amendment has come into effect with retrospective date and as per the amended provision if the payee has included the receipt in its books of account and has offered for taxes then the disallowance on account of non-deduction of TDS will not arise - No addition - Decided against the revenue. Addition su/s 69B - undisclosed income - assessee claimed that information collected u/s 133(6) was not provided to the assessee at the time of assessment proceedings. The information so collected by AO from Patel- KNR (JV) u/s 133(6) of the Act, was supplied at the time of appellate proceedings to the AR of the assessee. - Held that - assessee, has TDS certificate issued by the concern and corresponding income has been shown. That is, if the assessee has in his possession TDS certificates and the corresponding income against the TDS so deducted has been offered for taxation, there should not be any addition. - Decided against the revenue.

Summary

Issues Involved:
1. Allowability of expenses on hire charges without TDS deduction under section 40(a)(ia) of the Income Tax Act, 1961.
2. Addition made under section 69B of the Income Tax Act, 1961 based on information received in response to notice under section 133(6).

Issue 1 - Allowability of expenses on hire charges without TDS deduction:
The appeal pertained to the Assessment Year 2007-08 and involved the Revenue challenging the Ld. Commissioner of Income Tax (Appeals)-13, Kolkata's decision to allow expenses on hire charges without TDS deduction under section 40(a)(ia) of the Income Tax Act, 1961. The Tribunal upheld the decision based on a previous order in the assessee's own case for the Assessment Year 2009-10. The Tribunal determined that the amendment in Sec. 201(1) of the Act, brought by the Finance Act, 2012, was curative in nature and should be effective retrospectively. The Tribunal referred to relevant case law and concluded that if the payee had included the receipt in its books of account and offered it for taxes, the disallowance for non-deduction of TDS would not apply. As the issue was already settled in favor of the assessee in a previous case, the Tribunal upheld the Ld. CIT(A)'s decision, dismissing the Revenue's appeal.

Issue 2 - Addition made under section 69B based on information received in response to notice under section 133(6):
The second issue involved an addition made under section 69B of the Act due to discrepancies in sundry creditors and debtors for the year ending 31.03.2007. The Assessing Officer collected information under section 133(6) from certain parties, leading to a conclusion of bogus liabilities claimed by the assessee. However, the Ld. CIT(A) deleted the addition. The Tribunal noted that the information collected was not provided to the assessee during the assessment proceedings but was later supplied during the appellate proceedings. It was highlighted that the Assessing Officer had not properly scrutinized the information and had erroneously added the amount under section 69B. The Tribunal found that the TDS certificates were in possession of the assessee, and corresponding income had been offered for taxation, thereby dismissing the Revenue's appeal and upholding the Ld. CIT(A)'s decision.

In conclusion, the Tribunal dismissed the Revenue's appeal in both issues, affirming the decisions of the Ld. CIT(A) in favor of the assessee.