M/S KOHINOOR EDUCATIONAL SERVICES PVT.LTD.,BHOPAL vs. THE ACIT-2(1), BHOPAL

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ITA 338/IND/2017Status: DisposedITAT Indore18 July 2018AY 2013-144 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the issue to the Assessing Officer for verification. The AO needs to ascertain whether the Airport Authority of India disclosed the rent payment in its income tax return.

What were the facts?

The Assessing Officer made an addition of Rs. 1,55,00,000/- by invoking Section 40(a)(ia) for non-deduction of TDS on rent paid to the Airport Authority of India. The CIT(A) dismissed the assessee's appeal.

What were the issues?

Whether disallowance under Section 40(a)(ia) is justified when the payee is a government body and the payment is disclosed in its income, and whether Section 194I is applicable in this case.

Which sections of the Income-tax Act were involved?

Section 40(a)(ia),Section 194I

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, INDORE BENCHE, INDORE

Before: SHRI KUL BHARAT & SHRI MANISH BORAD

For Appellant: Shri S.S. Deshpande, CA
For Respondent: Shri V.J. Voricha, Sr. DR
Hearing: 24.07.2018Pronounced: 26.07.2018

आदेश / O R D E R

PER KUL BHARAT, J.M: This appeal is filed by the assessee against the order of Commissioner of Income Tax (appeals)-1, Bhopal, dated

Kohinoor Educational Services Pvt. Ltd.

24.03.2017. The assessee has raised following grounds of appeal: 1. The order of the Ld. CIT(A) is bad in law and hence be quashed. 2. The Ld. CIT(A) has erred in maintaining the addition of Rs.1,55,00,000/- being disallowance u/s 40(a)(ia) on alleged rent payble to Airport Authority of India. 3. The payment was made to the Government Body which is assessed to tax and the amounts are verifiable, and the proviso to section 40(a)(ia) would be applicable. 4. The provisions of section 194I are not applicable in the instant case and as such the disallowance is uncalled for. 5. The addition for Rs.1,55,00,000/- may please be deleted.”

2.

Briefly stated facts are that the case of the assessee was picked up for scrutiny assessment and the assessment u/s 143(3) of the Income Tax Act 1961(hereinafter called as ‘the Act’) was framed vide order dated 07.03.2016 while framing the assessment, the assessing officer made addition of Rs.1,55,00,000/- by invoking provisions of section 40(a)(ia) on account of non deduction of tax at source. 3. Aggrieved by this the assessee preferred an appeal before the Ld. CIT(A) who after considering the submissions dismissed the appeal. Now the assessee is in appeal before this Tribunal.

Kohinoor Educational Services Pvt. Ltd.

4.

The only effective ground is disallowance made u/s 40(a)(ia) on the rent paid to Airport Authority of India. 5. At the outset, the Ld. Counsel for the assessee Shri S. S. Deshpande, submitted that authorities below were not justified in making the disallowance. He submitted that payee is a Government organization and has duly disclosed this payment in their receipts therefore, the addition made at the hands of the assessee be deleted. 6. He further submitted that the issue may be restored to the AO for verification whether Airport Authority of India has disclosed in their return of income or not. The Ld. Departmental Representative (DR) submitted that he has no objection at the issue is restored to the extent of verification by the AO whether the payment made by the assessee has been disclosed in the return of income of the payee. 7. We have heard the rival contentions and perused material on record. After considering the facts of the present case, we deem it proper to restore this issue to the file of the AO for verification in respect of the payment made by the assessee whether such receipts have been disclosed by the payee in its return of income. The grounds raised in this appeal are allowed for statistical purposes. 3

Kohinoor Educational Services Pvt. Ltd.

8.

In the result, the appeal filed by the assessee is

allowed for statistical purposes.

Order was pronounced in the open court on 26 .07.2018.

Sd/- Sd/- (MANISH BORAD) (KUL BHARAT) ACCOUNTANT MEMBER JUDICIAL MEMBER

Indore; �दनांक Dated : 26/ 07/2018 ctàxÄ? P.S/.�न.स.

Copy to: Assessee/AO/Pr. CIT/ CIT (A)/ITAT (DR)/Guard file. By order Private Secretary/DDO, Indore

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