SDS CARGO SOLUTIONS P.LTD,CHENNAI vs. ITO CORPORATE WARD-6(1), CHENNAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal upheld the Principal CIT's order, finding that the Assessing Officer failed to conduct necessary inquiries regarding CFS charges. Since the assessee did not appear or provide justification, the revision order was sustained.
What were the facts?
The assessee's assessment was completed with additions for disallowance under Section 40(a)(ia) due to non-deduction of TDS on CFS charges. The Principal CIT initiated revision proceedings under Section 263, opining the assessment order was erroneous and prejudicial to revenue.
What were the issues?
Whether the assessment order was erroneous and prejudicial to the interest of revenue due to the AO's failure to conduct proper inquiries on TDS applicability for CFS charges.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: SHRI MAHAVIR SINGH, HON’BLE & SHRI MANJUNATHA. G, HON’BLE
आदेश /O R D E R
PER MANJUNATHA. G, ACCOUNTANT MEMBER:
This appeal filed by the assessee is directed against the order of Principal Commissioner of Income Tax-6, Chennai, passed u/s. 263 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”) dated 05.03.2019 and pertains to assessment year 2014-15.
The brief facts of the case are that, the assessee is in the business of clearing and forwarding agency service, filed its :-2-: ITA. No:2083/Chny/2019 return of income for the assessment year 2014-15 on 26.05.2015, admitting total income of Rs. 77,930/-. The assessment has been completed u/s. 143(3) of the Act, on 30.12.2016 and determined total income of Rs. 2,31,064/-, by making additions towards disallowance u/s. 40(a)(ia) of the Act for Rs. 1,43,376/- towards CFS charges for non-deduction of TDS u/s. 194C of the Act. The case has been subsequently taken up for revision proceedings and show cause notice u/s. 263 of the Act, dated 28.01.2019 was issued and served on the assessee. In the said show cause notice, the PCIT was of the opinion that the assessment order passed by the AO is erroneous in so far as it is prejudicial to the interest of the revenue, because the AO failed to carry out required enquiries he ought to have been carried out on the issue of CFS charges paid to Continental Warehousing Corporation and thus, rejected arguments of the assessee and set aside the assessment order in terms of provisions of section 263 of the Act. Aggrieved by the CIT(A) order, the assessee is in appeal before us.
None appeared for the assessee. We have heard the ld. DR and considered relevant materials available on record. We find that the PCIT had given a categorical finding that the AO has not carried out any enquiries on the issue of CFS charges paid to :-3-: ITA. No:2083/Chny/2019 Continental Warehousing Corporation in light of relevant provisions of the Act which render the assessment order to be erroneous and prejudicial to the interest of the revenue. The assessee neither appeared nor filed any details to justify its case and argue that the assessment order passed by the AO on the issue of TDS on CFS charges paid to Continental Warehousing Corporation does not come under the provisions of section 194C of the Act and consequently, payment cannot be disallowed u/s. 40(a)(ia) of the Act. Therefore, we are of the considered view that there is no error in the reasons given by the PCIT to invoke his jurisdiction u/s. 263 of the Act and set aside the assessment order and thus, we are inclined to uphold the findings of the ld. PCIT and dismiss appeal filed by the assessee.
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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