Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2020 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (11) TMI 406 - AT - Income TaxTDS u/s 194C - Addition u/s 40(a)(ia) - assessee has violated the provisions of Section 40(a)(ia) of the Act for not deducting & depositing the TDS - Scope of amendment - HELD THAT:- The amendment has been made in the second proviso of Section 40(a)(ia) of the Act w.e.f. 01.04.2013 and, therefore, it is applicable for the A.Y.2013-2014 onwards. We would like to rely on the decision of Shree Choudhary Transport Company [2020 (8) TMI 23 - SUPREME COURT] . Receipts from the bank in his total income and it paid income tax thereon as per the provisions of Income Tax Act, we find that the assessee tried to prove that there is no loss to the Revenue and requested for sending back the matter to the file of AO for verification. On perusal of the order of the CIT(A), we noticed that this proviso i.e. furnishing of Form 26A has been inserted w.e.f.01.04.2013 and, therefore, applicable form the assessment year 2013-2014. This contention is squarely supported by the above decision of the Hon’ble Supreme Court as noted supra. In this case, the assessee had not deducted TDS on the transportation payments, which were required to be deducted as per the provisions of Section 194C of the Act for the financial year 2005-06 and the section 40(a)(ia) of the Act was inserted w.e.f.01.04.2005 by the Finance Act No.2. In this case the Hon’ble Apex Court decided the case against the assessee and in favour of revenue by holding this provisions is applicable for the assessment year 2005-06. Before us, the impugned case is for the assessment year 2012-2013 and the provisions has been inserted w.e.f.01.04.2013 will not apply in the ratio decidendi above. In the written submissions, the assessee has relied many judgments which have been reproduced above are not applicable considering to the latest judgment of the Hon’ble Supreme Court in the case of Shree Choudhary Transport Company (supra). In the peculiar facts and circumstances of the case and the latest decision of the Hon’ble Apex Court as stated supra, the case laws relied on by the ld. AR of the assessee is not applicable in the present case in hand. - Ground of appeal of the assessee is dismissed. Disallowance u/s.43B - assessee could not produce the challan copy - HELD THAT:- As these payments relates to the arrears from 2007-2008 but here it is not yearwise breakup that how much amount is relating to which year along with proof of payments. Therefore, this matter is sent back to the file of AO for determination of the yearwise breakup along with the payments and decide the issue as per the provisions of Section 43B of the Act. This ground of appeal of the assessee is allowed for statistical purposes. Disallowance for gratuity to staff - Disallowance u/s 36(1)(v) of the Act and confirmed by the CIT(A) - HELD THAT:- As assessee has submitted that it has been paid as per the direction of the Reserve Bank of India but before us the ld. AR of the assessee has not produce any documentary evidences, therefore, this matter is also sent back to the file of AO for verification as to whether it has been paid within the due date to the approved gratuity fund or any other fund as prescribed by the Income Tax Act. Thus, this ground of appeal of the assessee is allowed for statistical purposes.
|