NAWAL KISHORE RATHI,KOLKATA vs. ITO, WARD-35(2), KOLKATA, KOLKATA

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ITA 236/KOL/2017Status: DisposedITAT Kolkata25 May 2018AY 2012-133 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the issue to the Assessing Officer to verify if the vendor, M/s. Manisha Industries, accounted for the amount in its income and filed its return. If confirmed, the addition made under Section 40(a)(ia) was to be deleted.

What were the facts?

The Assessing Officer disallowed the assessee's claim for job work expenses of Rs. 6,65,731/- for non-deduction of TDS under Section 194C, leading to disallowance under Section 40(a)(ia). The assessee appealed, and the First Appellate Authority passed an ex-parte order.

What were the issues?

Whether the disallowance under Section 40(a)(ia) for non-deduction of TDS was justified when the vendor had accounted for the income. Whether the second proviso to Section 40(a)(ia) could be applied.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH (SMC

Before: Shri J. Sudhakar Reddy, AM]

order : May 25, 2018 ORDER This is an appeal filed by the assessee directed against the order of CIT (Appeals) – 10, Kolkata dated 30.11.2016 for the assessment year 2012-13.

2.

The only issue that arises from my consideration is whether the Assessing Officer was right in disallowing the claim of the assessee of purchases made from M/s. Manisha Industries of Rs. 6,65,731/-. The Assessing Officer found that the payment in question was made for doing job work, i.e. powder coating on the material supplied by the assessee to M/s. Manisha Industries and that it was not for purchases. As the tax was not deducted at source u/s 194C of the Act, the disallowance was made by the A.O. u/s 40(a)(ia) of the Act. The assessee carried the matter in appeal. As the assessee had not appeared, the Learned First Appellant Authority passed an ex-parte order.

3.

Before me, the learned counsel for the assessee submitted a copy of the return of income of M/s. Manisha Industries and a certificate that the amount in question was accounted for both in their books and was reflected in the return of income and taxes were paid on this receipt from the assessee. He wanted that second proviso to section 40(a)(ia) of the Act to be applied. He relied on certain case laws in his support.

4.

As this legal argument was not taken before lower authorities, I set aside this issue to the file of the A.O. with the direction to verify whether M/s. Manisha Industries has accounted for this amount of Rs. 6,65,731/-, in its income and filed its return of income for the assessment years 2012-13. If it has done so, the Assessing Officer is directed to delete the addition made u/s 40(a)(ia) of the Act and accept the income returned by the assessee.

5.

In the result, the appeal of the assessee is allowed. Order Pronounced in the Open Court on 25th May 2018.

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