SHRI TANAY KUNDU ,KOLKATA vs. ITO, WARD - 50(1), KOLKATA , KOLKATA

The sole issue involved in this appeal is that the CIT(A) erred in confirming the disallowance of freight charges of Rs.7,59,056/- made by the Assessing Officer by invoking the provision of section 40(a)(ia) of the Act as the assessee failed to deduct TDS from the payments made.

he brief facts of the case are that the Assessing Officer observed that during the year the assessee has made payment of freight of Rs.7,59,056/- to different parties against purchases. He observed that on examination of the ledger copies of freight on purchase it is found that the assessee has paid freight above Rs.20,000/- in a single transaction and Rs.50,000/- and above during the financial year 2010-11 to different parties without deducting TDS u/s 194C of the Act and therefore by invoking the provision of section 40(a)(ia) of the Act he disallowed deduction of Rs.7,59,056/- to the assessee.

On appeal the CIT(A) confirmed the action of the Assessing Officer observing that according to the provision of section 194C (6) of the Act no deduction shall be made from any sum credited or paid or likely to be credited or paid during the previous year to the account of a contractor during the course of business of plying, hiring, or leasing goods carriages where such contractor owns ten or less goods carriages at any time during the previous year and furnishes a declaration to the effect along with his Permanent Account Number, to the person paying or crediting such sum and the person responsible for paying or crediting any sum to the person referred to shall furnish to the prescribed income tax authority or the person authorised by it, such particulars, in such form and within such time as may be prescribed. He observed that the assessee has not submitted declaration along with Permanent Account Number from contractors who had provided the vehicles for which freight was paid and hence dismissed the grounds of appeal of the assessee.

Learned Departmental Representative had no objection to the above submissions of the Authorised Representative of the assessee. 7. In the above facts and circumstances of the case, I set aside the orders of the lower authorities and restore the matter back to the file of the Assessing Officer for adjudication of the issue afresh after examining whether the transporters to whom to the assessee has made the payment of Rs.7,59,056/- has disclosed the amount in the return of income and paid due taxes thereon. If it is found to be so then no disallowance u/s 40(a)(ia) of the Act is warranted. Needless to mention that he shall allow reasonable opportunity of hearing to the assessee before adjudicating the issue afresh. Thus the grounds of appeal of the assessee are allowed for statistical purposes.

In the result the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on 13.07.2018.