9911796707
TMI Blog2012 (10) TMI 1224X X X X Extracts X X X X X X X X Extracts X X X X ..... wance of ₹ 69,33,473/- under the cover of Section 40(a) (ia) on the ground that no tax has been deducted from the payments made for hire charges." 3. The assessee is an individual engaged in the business of travels conducting his business under the name and style of M/s. Gandhi Travels. The assessee filed his return of income for the assessment year 2004-05 on 26-10-2005 along with tax audit report etc. as per the provisions of section 44AB of the Act declaring total income of ₹ 11,43,700/-. Thereafter, the case was selected for scrutiny and assessment was completed u/s 143(3) of the Act on 13- 08-2007 wherein one of the disallowances made was u/s 40 (a) (ia) of the Act for failure to deduct tax at source on payment of ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... title the claim of expenditure and the A. O. was justified in disallowing the claim. For the reasons mentioned in Para 5.3 relating to ground No.2 below, the disallowance u/s. 40 (a) (ia) is reduced to ₹ 69,33,473/- (7549611 - 616138, already disallowed u/s. 40A (2) (b). The expenditure would be allowed in the year in which the TDS is paid. As of now, the ground No.1 is partly allowed." 5. The learned AR submitted before us various decisions listed herein below and prayed that the addition made on account of section 40(a) (ia) of the Act may be deleted: (i) Shakti Builders - ITA No.3145/Ahd/2009 dated 11.11.2011 (ii) Shri Prashant H. Shah Vs ACIT - ITA No.17/Ahd/2011 dated 8.7.2011 (iii) ITO Vs Shri Narayanbhai Dahyabhai Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under: "Under section 194C of the Income-tax Act, 1961, the tax is to be deducted when a contact is entered into for carrying out any work in pursuance of a contract between the contractor and the entities mentioned in sub-section (1) of section 194C. The term "hire" is not defined in the Income-tax Act. So, we have to take the normal meaning of the word "hire". Normal hire is a contract by which one gives to another temporary possession and use of property other than money for payment of compensation and the latter agrees to return the property after the expiry of the agreed period. The Explanation to section 194C was introduced with effect from July 1, 1995. There is no principle of interpretation which would justify reading the Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 194C."
8. On perusing the order of the learned AO and the learned CIT(A), we are of the view that the revenue had not made a detailed enquiry on the submission of the assessee recorded herein above and made any findings thereon. Further, the decisions of the case relied upon by the assessee cited supra were also not before the revenue for consideration. Therefore, in the interest of justice, we hereby set aside the orders of the revenue and remit the matter back to the file of the learned AO for de novo consideration and for considering all the aspects mentioned herein above.
9. In the result, the appeal of the assessee is allowed for statistical purpose.
Order pronounced in the open Court on 26 -10-2012 X X X X Extracts X X X X X X X X Extracts X X X X
|
