K2 CRANES & COMPONENTS P LTD.,CHENNAI vs. ITO CORPORATE WARD 4(4), CHENNAI
What did the Tribunal hold?
The Tribunal found that TDS was deducted in one case, recipients paid taxes in two other cases, and PANs were provided for freight charges. These issues required a fresh examination.
What were the facts?
The Assessing Officer disallowed crane hire and freight charges for not suffering TDS. The CIT(A) dismissed the assessee's appeal. The assessee contended that TDS was deducted in one case, recipients paid taxes in others, and PANs were provided for freight charges.
What were the issues?
Whether disallowance of crane hire and freight charges is justified when TDS was deducted, recipients paid taxes, or PANs were provided.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “D” BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI S. JAYARAMAN
आदेश/ O R D E R
PER S. JAYARAMAN, ACCOUNTANT MEMBER:
The assessee filed this appeal against the consolidated order of the Commissioner of Income Tax (Appeals)-8, Chennai in & 279/16-17 dated 15.09.2017 for assessment year 2014-15.
:-2-: ITA No: 2804/Chny/2017
While making the assessment for assessment year 2014-15, the Assessing Officer disallowed crane hire charges and freight charges u/s. 40(a)(ia) which did not suffer TDS. Aggrieved, the assessee filed an appeal before the CIT(A). The CIT(A) dismissed the appeal. Aggrieved, the assessee filed this appeal.
The Ld. AR inviting our attention to the paper book submitted that the ld. CIT(A) grossly erred in confirming the disallowance on the crane hire charges paid to Om Sai Ram Cranes, PAN: AAZPE 3424 D, at Rs. 4,12,450/- on which the assessee had duly deducted TDS. With regard to disallowances of Rs. 1,58,300/- in the name of Shri Jagan Muthu Kumar and Rs. 41,000/- in the name of Smt. Vijayalakshmi, PAN:
BODPD 7289 E, they have admitted these payments in their respective returns and paid taxes thereon within the stipulated time. Hence, as
per second proviso to section 40(a)(ia) w.e.f. 01.04.2013, these payments would not attract the provisions of section 40(a)(ia).
With regard to the disallowances on freight charges at Rs. 35,87,735/- made u/s. 40(a)(ia), the Ld. AR inviting our attention to the Pan Nos and the amount given to the 8 parties in the paper book submitted that the Ld. CIT(A) grossly erred in disallowing these claims without considering the fact that for all the 8 parties, the assessee has :-3-: ITA No: 2804/Chny/2017 given Pan No and the amount paid to them. In this regard, the Ld. AR relied on the Hon’ble ITAT Hyderabad B Bench decision in the case of ACIT, Circle 1, Kurnool vs Mr. Mohammed Suhail, Kurnool in dated 13.02.2015 which was subsequently relied on by the Hon’ble ITAT Kolkata B Bench in the case of Soma Rani Ghosh vs DCIT, Kolkata in ITA No. 1420/Kol/2015 dated 09.09.2016 also. Per contra, the Ld. DR supported the orders of the lower authorities.
We heard the rival submissions and gone through the relevant material. It is clear that the assessee has deducted TDS in one case and in other two cases, it is submitted that the recipients have paid the taxes and filed their returns. In the case of the 8 parties, the assessee has given Pan numbers. In the facts and circumstances, we are of the view that these issues require a fresh examination and hence we remit the issues back to the AO for a fresh examination. The assessee shall lay all materials in support of its contention and comply with the requirements of the AO in accordance with law. The Assessing Officer after giving adequate opportunity to the assessee shall decide the issues in accordance with law. The assessee’s appeal is treated as allowed for statistical purposes.
:-4-: ITA No: 2804/Chny/2017 6. In the result, the assessee’s appeal is treated as allowed for statistical purposes.
Order pronounced on Wednesday, the 19th day of December, 2018 at Chennai.
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
Recent GST High Court judgments
Search GST case law →- M/S Aasha Industries vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026
- M/S Bharat Iron Scrap vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026
- Mascot Constructions Co. And Another vs. The Commissioner Of Goods And Services Tax (GST) And AnotherBombay · 22 Oct 2026
- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Fasil Hussain Shah vs. Ut Of J And K Th Commissioner Secretary TO Government Finance Department And OthersJammu and Kashmir and Ladakh · 21 Oct 2026