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2024 (6) TMI 271 - AT - Income TaxIssues involved: The judgment involves issues related to disallowance of expenses, applicability of provisions of TDS under Section 40(a)(ia) and Section 43B of the Income-Tax Act, disallowance under Section 40A, and disallowance under Section 14A. Disallowance of Expenses: The Assessing Officer disallowed expenses claimed by the Assessee for unfinished work in a construction project, citing reasons such as capital expenditure, provisions made after project completion, and non-deduction of TDS. The CIT (Appeals) found the AO's observations erroneous and considered the disallowance inappropriate. However, the CIT (Appeals) sustained a disallowance under Section 40A of the Act. The Assessee raised grounds challenging the disallowance, arguing that the provisions of TDS were not applicable as per the method of accounting followed consistently. The AR submitted that the disallowance was not sustainable if the Assessee was following an accepted accounting method. The Departmental Representative disagreed, stating no error in the lower authorities' findings. Applicability of TDS Provisions: The main question was whether provisions of TDS under Section 40(a)(ia) were applicable when the Assessee estimated costs for unfinished work using the POCM Method. The AR argued that such estimates, made after recognizing 100% of project revenue, should not be subject to TDS as exact amounts cannot be calculated. The CIT (Appeals) examined the details provided by the Assessee and concluded that certain expenses were liable for TDS deduction under Section 194C. The CIT (Appeals) upheld a partial disallowance under Section 40(a)(ia) due to non-deduction of TDS. Disallowed Expenses under Section 40A and Section 43B: The CIT (Appeals) considered specific expenses like UP VAT tax and labor cess as not allowable under Section 43B. The Assessee submitted detailed explanations and requested a restriction on the disallowance amount. The CIT (Appeals) analyzed the expenses and concluded that a portion was liable for TDS deduction, sustaining a disallowance under Section 40(a)(ia) for non-deduction of TDS. Exempt Income Disallowance: The Assessing Officer made a disallowance under Section 14A without considering the absence of exempt income during the year. The judgment recognized that in the absence of exempt income, no disallowance should be made. Consequently, the appeal of the Assessee was partly allowed. Conclusion: The judgment partly allowed the Assessee's appeal, noting errors in the disallowances made and directing a reconsideration of certain aspects by the CIT (Appeals). The judgment emphasized the importance of considering the specific circumstances and applicable provisions while making disallowances related to expenses and TDS deductions.
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