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2015 (5) TMI 39 - AT - Income TaxPrior period items - Disallowance of salary expenses for earlier years - TDS on salary was depoited during the current year - assessee failed to furnish a copy of challan of payment of tax deducted at source - Held that:- The case of the assessee is that the TDS challan was lost because of change in accountants. However, the assessee obtained confirmation from OLTAS, a copy of which is placed on page 12 of the paper book, which transpires that tax at source to the tune of ₹ 18,50,514/- was received on 15.06.2006. Page No.17 of the paper book is a copy of the assessee’s bank account which also evidences a payment of ₹ 18,50,514/- on 13th June, 2006. This confirmation also divulges the nature of payment as `Pay of employees other than Govt. employees’. In the absence of the availability of challan, one thing is clear that the assessee did deposit tax amounting to ₹ 18,50,514/- on 15.06.2006 and the nature of payment given by OLTAS is undoubtedly `Salaries’. These facts make it abundantly clear that the assessee did deposit tax at source amounting to ₹ 18,50,514/- after making deduction from salaries. However, the only shortcoming is about the establishment of nexus of this amount of tax with the salary of ₹ 55,47,237/- for which deduction has been claimed during the year - Matter remanded back - Decided in favour of assessee.
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