HOME THEATRE SOLUTIONS,CHENNAI vs. ITO NON CORPORATE WARD I(3), CHENNAI

This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals) 2, Chennai dated 10.07.2018 relevant to the assessment year 2014-15. The only effective ground raised in the appeal of the assessee relates to confirmation of disallowance made under section 40(a)(ia) of the Income Tax Act, 1961 [“Act” in short] towards non-deduction of TDS.

At the outset, the ld. Counsel for the assessee has submitted that there is only one day delay in filing the appeal since the assessee was prevented by sufficient cause and prayed for condoning the delay to which; the ld. DR has not raised any serious objection. Consequently, since the assessee was prevented by sufficient cause, the delay of 1 day in filing of the appeal stands condoned and the appeal is admitted for adjudication.

Brief facts of the case are that the assessee filed its return of income for the assessment year 2014-15 on 31.03.2016 admitting total income of ₹.2,51,000/-. The case was selected for scrutiny. Against service of statutory notices, the assessee filed the details called for. After verification of details filed by the assessee and considering the submissions, the Assessing Officer completed the assessment under section 143(3) of the Act and determined the income of the assessee at ₹.33,84,377/- after making disallowance under section 40(a)(ia) of the Act for want of evidence towards TDS.

On appeal, after considering the written submissions of the assessee, the ld. CIT(A) confirmed the disallowance.

On being aggrieved, the assessee is in appeal before the Tribunal. The ld. Counsel for the assessee has submitted that certain payments are payable and subsequently paid in the subsequent assessment years and also deducted TDS for the entire amount and prayed for deleting the addition. On the other hand, the ld. DR strongly supported the orders of authorities below.

We have heard both the sides, perused the materials available on record and gone through the orders of authorities below. On verification of the details of expenditure furnished by the assessee, the Assessing Officer observed that the assessee had not remitted any TDS payments on the expenditure incurred towards clearing and forwarding charges of ₹.2,63,335/- before the due date of filing of return of income and accordingly, brought to tax under section 40(a)(ia) of the Act. It was the submission of the assessee that the above amount was not charged through separate bills by the forwarding and clearing agents. It was included in their total bills which includes all the expenses to be reimbursed by the firm for clearing their imports of their equipment. Hence, the total amount was paid without deducting TDS since it was not predominantly disclosed in their invoices. The above statement is not acceptable because, without separate bills, on what basis, the assesse made payments towards clearing and forwarding charges of ₹.2,63,335/-. When the assessee made payment towards clearing and forwarding charges, he is liable to deduct TDS on such payments. In the absence of complete bills, vouchers, etc., the ld. CIT(A) confirmed the disallowance under section 40(a)(ia) of the Act. However, before the Tribunal, the ld. Counsel for the assessee submitted that the bills, vouchers, etc. are available with the assessee and prayed for one more opportunity to present the same before the Assessing Officer. Accordingly, we remit the matter back to the file of the Assessing Officer to decide the issue afresh by considering the evidence of TDS payment made by the assessee as may be filed for consideration. Thus, the ground raised by the assessee is allowed for statistical purposes.

In the result, the appeal filed by the assessee is partly allowed for statistical purposes. Order pronounced on the 19th July, 2019 at Chennai.