2022 (10) TMI 254 - AT - Income Tax

Not allowing credit for the TDS - AO refused to allow credit for the TDS on the ground that the corresponding income was not offered for taxation - HELD THAT - There is complete mismatch between the assessee s contention based on the Certificate issued by Ultra Tech Cement Ltd. by which the company certified that payment against Leave wages, Holiday wages and Medical expenses etc. were reimbursements vis- -vis the assessee s own reconciliation statement showing the amounts towards Gratuity settlement, LTA Advance and Bonus/ex-gratia reimbursement. The certificate of Ultra Tech Ltd. is general and does not refer to any particular amounts for the year under consideration. No letter from the Company has been placed on record indicating the true nature of the specific amount of Rs.4.76 crore. In contrast, it can be seen from para ii) on the penultimate page of the assessment order that the assessee contended before the AO that the receipt of Rs.4.76 crore did not accrue to the assessee during the relevant financial year and as such was not offered for taxation. This implies that the assessee contended before the AO that though it was a business receipt, but did not pertain to the year under consideration - it is vivid that there are different versions about the receipt of Rs.4.76 crore. When the nature of receipt itself is unclear as to its taxability or otherwise, the question of allowing credit for TDS on such an amount cannot be decided. Proper adjudication on this issue cannot be done unless complete factual scenario is looked into. Due to non-availability of the relevant evidence and conflict between the Certificate and the Reconciliation statement as discussed above on one hand and the assessee s own contention before the AO on the other, it would be just and fair if the impugned order is set aside and the matter is restored to the file of the AO. We order accordingly and direct the AO to first examine the precise nature of the Rs.4.76 crore and then decide the issue afresh as per law after allowing reasonable opportunity of hearing to the assessee.

Summary

Issues:
- Disallowance of credit for TDS amounting to Rs.10,72,669.

Analysis:
The appeal before the Appellate Tribunal ITAT Nagpur arose from the Commissioner of Income-tax (Appeals)-II, Nagpur's order concerning the assessment year 2007-08. The sole issue raised in the appeal was the disallowance of credit for TDS amounting to Rs.10,72,669. The assessee derived income from supplying loading labor on a contract basis to a company, which created a provision for payment to the assessee. The Assessing Officer (AO) refused to allow credit for the TDS as the corresponding income was not offered for taxation. The ld. CIT(A) upheld the AO's decision, prompting the assessee to approach the Tribunal for redress.

Upon hearing the submissions and examining the evidence, the Tribunal noted that the assessee claimed credit for TDS on a provision for receipt of Rs.4.76 crore, which was not offered for taxation. The assessee contended that this provision was for reimbursement of expenses and did not represent income. The Tribunal reviewed a certificate from the company certifying that the reimbursed amount did not involve any profit element. However, the reconciliation statement showed discrepancies in the nature of expenses, indicating a mismatch between the certificate and the actual expenses listed. Given the conflicting information and lack of clarity on the nature of the receipt, the Tribunal concluded that a proper adjudication required a more thorough examination of the factual scenario.

Consequently, the Tribunal set aside the impugned order and directed the AO to re-examine the nature of the Rs.4.76 crore receipt to determine its taxability. The AO was instructed to decide the issue afresh after providing a reasonable opportunity for the assessee to present their case. The appeal was allowed for statistical purposes, emphasizing the need for a comprehensive review of the evidence to make a fair determination on the TDS credit issue.