ITO, GHAZIABAD vs. M/S. RGB TGHCL JV, GHAZIABAD
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The CIT(A) allowed the assessee's claim, holding that since the sub-contractor had paid the taxes and filed its return, the assessee was not in default. The Tribunal upheld this decision, relying on the Delhi High Court's ruling.
What were the facts?
The assessee, a joint venture, paid Rs. 1.57 crores to its sub-contractor for road construction. The assessee deducted TDS but did not deposit it with the government in the relevant year. The Assessing Officer disallowed the expenditure under Section 40(a)(ia).
What were the issues?
Whether disallowance under Section 40(a)(ia) is warranted when the deductee has paid the tax, despite the deductor not depositing the TDS within the stipulated time.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- CIT v. Ansal Land Mark Township (P) Ltd.369 citing377 ITR 635 · 2015 · HC · Read judgment
Income Tax Appellate Tribunal, DELHI BENCH ‘G’, NEW DELHI
Before: MS. SUSHMA CHOWLA & DR.B.R.R.KUMAR, AM
आदेश / ORDER PER SUSHMA CHOWLA,VP The present appeal filed by Revenue is against order of CIT(A), Aligarh dated 17.12.2015 relating to assessment year 2012-13 against the order passed under section 143(3) of the Income-tax Act, 1961 (in short ‘the Act’).
The issue raised in the present appeal is against the deletion of addition made u/s 40(a)(ia) of the Act at Rs.1.57 crores (approx.).
Briefly in the facts of the case the assessee was a joint venture firm consisting of its partners namely M/s. Tarunika Gaur Housing & Construction Ltd., 370 Pandit Park, Krishna Nagar, Delhi and M/s. R.G.
Buildwell Engineers Ltd., Durgapuri, Shahdara, Delhi having 10% & 90% respectively, interest in venture. The case of the assessee was picked up for scrutiny. The assessee was awarded contract for road construction of 35 KM from Antagarh to Bedma for a total cost of Rs.49,71,27,588/- in the State of Chhattisgarh. The assessee further submitted before Assessing Officer that an agreement has been made on 05.10.2010, between RGB- TGHCL, joint venture and M/s. Tarunika Gaur Housing & Constriction ltd., Delhi, sub contractor for construction of the road at a total cost of Rs.44,74,00,000/- for 35 KM long road from Antagar to Bedma, Chhattisgarh. The assessee clarified that the unsecured loan shown in the balance sheet was the advance which was received from PWD department, Chhattisgarh, to start the work of road construction and advance to contractor was the amount given to its sub contractor M/s. Tarunika Gaur Housing & Construction Ltd., Delhi, out of advance received from PWD Chhattisgarh. From the perusal of the balance sheet of the assessee, it had been found that assessee firm had paid Rs.1,57 crores (approx.) as road making charges to its sub contractor M/s. Tarunika Gaur Housing & Construction Ltd. and it was asked from the assessee whether any TDS had been made on above amount. The assessee clarified that the TDS amounting Rs.3,14,361/- had been deducted, but not paid to the credit of Central Government during the year. The assessee also clarified that it was the second year of starting the work of road construction. The road construction was started in the F.Y. 2010-11, because it had received a letter of acceptance of a bid vide its Memo No.3429/G/27- 28/09/LWE/Kankar dated 13.09.2010 from PWD department, Chhattisgarh. The Assessing Officer made an addition of Rs.1.57 crores (approx.) to the income of the assessee during the year on account of disallowance u/s 40(a)(ia) of the Act.
The CIT(A) allowed the claim of the assessee on the ground that tax on sum of Rs.1.57 crores (approx.) has been paid by M/s. Tarunika Gaur Housing & Construction Ltd., Delhi. The CIT(A) thus held that there was no liability on the assessee to deposit any tax at source and hence, no merit in making the disallowance u/s 40(a)(ia) of the Act.
The Ld.AR for the assessee pointed out that the 2nd proviso inserted u/s 43B of the Act was directory in nature as held by Hon’ble Delhi High Court in CIT vs. Ansal Land Mark Township (P) Ltd reported in 377 ITR 635 (Del.). He also pointed out where the deductee had paid the taxes and filed return of income, there was no merit in making any disallowance u/s 40(a)(ia) of the Act.
The Ld.DR for the Revenue on the other hand relied on the decision of Hon’ble High Court of Kerala in Shri Thomas George Muthoot vs CIT in order dated 03.07.2015.
We have heard the rival contentions and perused the record. The limited issue which arises in the present appeal is whether the assessee was 3
Assessment Year 2012-13 in default in not deducting and depositing the tax at source especially in the facts of the present case, where the deductee had already paid the taxes on the income received by it and filed the return of income in time. We find that the issue stands covered by the decision of Hon’ble Delhi High Court in CIT vs. Ansal Land Mark Township (P) Ltd (supra). Since the issue is settled by Hon’ble High Court, there is no merit in the reliance placed by the Ld. DR on the decision of Hon’ble Kerala High Court (supra). Hence, the order of the CIT(A) is upheld. Thus, grounds raised by the Revenue in this appeal are dismissed.
In the result, the appeal of the Revenue is dismissed.
Order pronounced in the open court on 28th February, 2020.
Sd/- Sd/- (DR.B.R.R.KUMAR) (SUSHMA CHOWLA) लेखा सद�य / ACCOUNTANT MEMBER उपा�य� / VICE PRESIDENT �द�ल� / �दनांक Dated : February, 2020 * Amit Kumar * आदेश क� ��त�ल�प अ�े�षत/Copy of the Order is forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent 3. आयकर आयु�त(अपील) / The CIT(A) 4. मु�य आयकर आयु�त / The Pr. CIT 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, �द�ल� / DR, ITAT, Delhi 6. गाड� फाईल / Guard file.
More judgments on Section 40(a)(ia)
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- 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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