COMMERCIAL CARRIERS PVT. LTD.,JAMSHEPUR vs. ACIT, CIRCLE-1(1), JAMSHEPUR
What did the Tribunal hold?
The Tribunal held that the disallowance under Section 40(a)(ia) was not applicable in cases of partial default in TDS deduction. It also noted the absence of material suggesting a contractual liability for transportation.
What were the facts?
The assessee paid hire charges to transport operators without deducting TDS. The lower authorities disallowed these charges under Section 40(a)(ia) of the Income Tax Act, 1961, treating them as payments for services covered under Section 194C.
What were the issues?
Whether disallowance under Section 40(a)(ia) is applicable for partial default in TDS deduction on hire charges, and if the hire charges constitute payments for services covered under Section 194C.
Which sections of the Income-tax Act were involved?
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- CIT v. S.K. Tekriwal150 citing361 ITR 432 · 2014 · HC
Income Tax Appellate Tribunal, RANCHI BENCH, RANCHI
Before: Shri S.S.Godara & Dr. A.L. Saini
Shri Devesh Poddar, Advocate अपीलाथ� क� ओर से/By Appellant Shri Inderjeet Singh, CIT-DR ��यथ� क� ओर से/By Respondent 04-03-2020 सुनवाई क� तार�ख/Date of Hearing 04-03-2020 घोषणा क� तार�ख/Date of Pronouncement आदेश /O R D E R PER BENCH (oral):- This assessee’s appeal for assessment year 2010-11 arises against the Commissioner of Income Tax (Appeals)-Jamshedpur’s order dated 04.02.2019 passed in case No.566/JSR/2017-18 involving proceedings u/s 143(3) r.w.s. 147 of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file perused
Learned counsel representing assessee submits that he does not wish to press for assessee’s former legal ground challenging validity of re-opening proceedings u/s 147 of the Act.
M/s Commercial Carriers (P) Ltd. Vs. ACIT Cir.1(1), JSR Page 2 3. Coming to merits, we notice that the assessee’s later substantive ground seeks to delete u/s 40(a)(ia) disallowance of hire charges paid to various trackers / transport operators without deducting TDS. This disallowance sum in dispute involves figure of Rs.3,34,60,529/-. There is no dispute that the assessee has indeed not deducted TDS on the said payments. The Revenue’s as per both the lower authorities detailed discussion that the assessee ought to have deducted TDS since the impugned hire charges are in the nature of sec. 194C contractual payments. We see no reason to express our concurrence with the impugned disallowance. The fact remains that there is no material on record suggesting any oral or written agreement between the assessee and its payees also that the any contractual liability of transportation of goods of undertaken at this taxpayer’s behest. We draw support from hon'ble Calcutta high court’s in Commissioner of Income Tax vs. M/s STUMM India ITAT No. 127 of 2019 dated 16.08.2010 to this effect.
More judgments on Section 40(a)(ia)
- Rekha Agarwal, Jaipur vs ITO WD 4(1), JaipurITA 844/JPR/2025[2021-22]Status: Disposed21 Oct 2026AY 2021-22
- Cdg Petchem Limited, Hyderabad vs ITO, Ward - 1(1), HyderabadITA 1900/HYD/2025[2018-2019]Status: Disposed16 Oct 2026AY 2018-2019
- M/S. Shree Laminators Ltd., Kolkata vs DCIT, Circle 4(4), KolkataITA 1534/KOL/2026[2011-2012]Status: Disposed15 Oct 2026AY 2011-2012
- 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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