2015 (3) TMI 1118 - AT - Income Tax

Tds u/s 194C - non deduction of TDS - disallowance u/s. 40(a)(ia) - Held that - We hold that section 40(a)(ia) is not attracted in respect of payment already made by the end of the previous year. The AO is directed to verify the claim of the assessee and if it is in line with the view taken herein the same may be considered accordingly. - Decided in favour of assessee.

Summary

Issues involved:
- Validity of reopening of assessment
- Disallowance under section 40(a)(ia) r.w.s. 194C of labor charges for assessment years 2005-06 and 2006-07

Validity of reopening of assessment:
The appellant raised an additional ground challenging the validity of the reopening of the assessment. However, during the hearing, the appellant did not press any grounds except one specific ground. The disallowance under section 40(a)(ia) was a significant issue in this case, and the appellant contested it based on certain facts and legal provisions. The appellant argued that the disallowance should not apply to the amounts actually paid during the year, citing relevant case laws to support their position. The appellant's representative requested that for the remaining amount, the disallowance may be upheld, and the matter should be referred back to the Assessing Officer for verification.

Disallowance under section 40(a)(ia) r.w.s. 194C of labor charges:
The disallowance under section 40(a)(ia) of the Income Tax Act was the primary issue in this case, concerning labor charges for the assessment years 2005-06 and 2006-07. The appellant contended that to the extent labor charges were paid during the respective years, no disallowance should be made. The appellant relied on specific decisions to support their argument, emphasizing that section 40(a)(ia) should not be attracted to amounts already paid. The Departmental Representative, however, argued for the disallowance to be made regardless of the timing of the payment. The Tribunal considered the arguments from both parties and referred to relevant case laws. It was noted that recent decisions favored the assessee, and the Tribunal ultimately ruled in favor of the appellant, deleting the disallowance. The Tribunal highlighted that section 40(a)(ia) should not apply to payments already made by the end of the previous year, as supported by judicial precedents. The Tribunal directed the Assessing Officer to verify the appellant's claim and allowed the appeals partly, based on the payments made during the respective years under consideration.

This detailed analysis of the judgment covers the issues of the validity of reopening of assessment and the disallowance under section 40(a)(ia) r.w.s. 194C of labor charges for the assessment years 2005-06 and 2006-07, providing a comprehensive understanding of the legal arguments and decisions made by the Appellate Tribunal.