2022 (1) TMI 178 - AT - Income Tax

Disallowing interest paid to NBFC and other Financial Institutions merely because of Non-Deduction of TDS despite of providing interest certificates, confirmations and certificates in form 26A - HELD THAT - This ground relating to interest paid to NBFC and others, find that Ld.CIT(A) has passed reasonable order and he has directed the AO to verify and grant proportionate relief - we do not find any infirmity in the same. Hence, we uphold the same. Addition u/s 40A - cash payments - HELD THAT - We find that why this payment cannot be consider under exemption in Rule 6DD u/s. 40A(3) has not been explained. Nor the Ld. DR could point out the same. In considered opinion, the facts and circumstances narrated above fully support the assessee plea that the impugned payment falls under the ken of exemption to section 40A(3) contained under Rule 6DD. Hence, disallowance made in this regard is not legally sustainable. Hence, we set aside the order of Ld.CIT(A) and decide the issue in favour of the assessee.

Summary

Issues:
1. Determination of income by AO and CIT(A) compared to income declared in the Return of Income.
2. Disallowance of expenses under sections 40A(ia) and 40A(3).
3. Disallowance of purchases made in cash.
4. Disallowance of interest paid to NBFC and other Financial Institutions due to non-deduction of TDS.

Analysis:

Issue 1:
The assessee's income was initially declared at ?8,94,590 but was determined at ?15,24,890 by the AO and CIT(A). The assessment order was finalized on 30.12.2016, with additions made under sections 40(a)(ia) and 40A(3) of the Income Tax Act. Interest payments to NBFCs were also disallowed due to non-deduction of TDS, resulting in an addition to the income.

Issue 2:
The disallowance of expenses under sections 40A(ia) and 40A(3) was a point of contention. Cash payments exceeding prescribed limits were made to farmers, dairy farm owners, and transporters. The AO disallowed these payments under section 40A(3) as the details of the recipients were not furnished by the assessee.

Issue 3:
Regarding the disallowance of interest paid to NBFCs, the CIT(A) considered the appellant's claim that loans were taken for business purposes and repayments were made through EMIs. The appellant provided certificates from Chartered Accountants and NBFCs, certifying the inclusion of interest incomes in their returns of income. The CIT(A) directed the AO to allow the interest expenses after verification.

Issue 4:
The ITAT upheld the CIT(A)'s decision on the interest paid to NBFCs, finding no infirmity in the order. However, regarding cash payments exceeding limits under section 40A(3), the CIT(A) sustained the disallowance. The ITAT disagreed, stating that the appellant's circumstances justified cash payments, falling under the exemption in Rule 6DD of section 40A(3). The disallowance was deemed legally unsustainable, and the issue was decided in favor of the assessee.

In conclusion, the appeal was partly allowed, with the ITAT setting aside the CIT(A)'s order on cash payments and deciding the issue in favor of the assessee.