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2018 (11) TMI 318 - AT - Income TaxTDS u/s 194C - payments made for reimbursement of expenses to clearing house agents - addition u/ 40(a)(ia) - Held that:- It is noticed that the assessee has not deducted tax at source as the bills raised by the clearing and forwarding agent were in respect of reimbursement of actual expenses incurred by them on behalf of the assessee. We observe that these facts demonstrate that there was no element of income involved in such reimbursement transaction. The Hon’ble High Court in the case of Principal CIT-1 vs. Consumer Marketing Pvt. Ltd. Tax [2015 (11) TMI 124 - GUJARAT HIGH COURT] has held that since the reimbursement bills were separately raised there was no requirement to deduct TDS and disallowance u/s. 40(a)(ia) of the act could not be made in respect of reimbursement bill which were separately raised as no TDS was required to be in respect thereof. - Decided against revenue Order passed u/s.201(1) & interest charged u/s. 201(1A) - default in deduction of tds - mismatch of CIN number registered in the OLTAS statement and the CIN number mentioned by the assessee - Held that:- The assessee claimed that actually TDS was paid and there was no case of non-payment of TDS because on processing of TDS statement it was wrongly shown as nonpayment of TDS. This mistake has been occurred due to mismatch of CIN number registered in the OLTAS statement and the CIN number mentioned by the assessee. The revised TDS statement after rectifying the mistake in CIN number could not be submitted because of technical reason as the online system was not allowing the processing of TDS statement for financial year 2006-07. Therefore, the assessee has simultaneously applied to the assessing officer for rectification of the order passed. It is also stated that the annexure to the order of the assessing officer provides list of challans reported in the return but not found in the OLTAS. CIT(A) has directed the assessing officer to verify from the bank as to whether the claim of the assessee having deposited the amount through challan are correct or not. - decided against revenue
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