JOYDEB CHANDRA L/R SHRI RAJESH CHANDRA,KOLKATA vs. DCIT, CIR-33, KOLKATA, KOLKATA
What did the Tribunal hold?
The Tribunal held that the second proviso to Section 40(a)(ia) is retrospective. It directed the AO to verify if the payees had offered these amounts for taxation.
What were the facts?
The assessee, a government contractor, made payments for labour, repair, hire, and installation charges without deducting TDS. The AO disallowed these expenses under Section 40(a)(ia) of the Income Tax Act, 1961.
What were the issues?
Whether disallowance under Section 40(a)(ia) is warranted when payees have already paid taxes on the income, considering the retrospective nature of the second proviso.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Ansal Land Mark Township (P) Ltd.369 citing377 ITR 635 · 2015 · HC · Read judgment
Income Tax Appellate Tribunal, “B” BENCH: KOLKATA
Before: Shri A. T. Varkey, JM & Dr. A. L. Saini, AM]
ORDER
Per Shri A.T.Varkey, JM
This is an appeal filed by the assessee against the order of Ld. CIT(A)-9, Kolkata dated 04.02.2015 for AY 2010-11.
Briefly stated facts are that the assessee is a government contractor and filed his return of income on 05.10.2010 electronically declaring total income of Rs.1,49,92,490/-. On verification of books of accounts and documents produced by the assessee, the AO observed that the assessee made payments towards labour charges, repair charges, hire charges and installation charges for Rs.18,44,435/-, Rs.50,10,300, Rs.24,70,000/- and Rs.40,10,000/- respectively without deducting TDS. According to AO, the action of the assessee squarely attracts the provisions of Sec. 40(a)(ia) of the Act and, therefore, the AO added back the said amounts to the total income of the assessee. Aggrieved, assessee preferred appeal before the Ld. CIT(A) who confirmed the action of the AO and dismissed the appeal of the assessee. Aggrieved, assessee is before us.
We have heard rival submissions and gone through the facts and circumstances of the case. At the outset, it has been brought to our notice that at pages 2 and 3 of the assessment order the AO has given the details regarding payments made by the assessee, who is a contractor, which according to the AO, should be disallowed for violation for non-deduction of TDS and invoked sec. 40(a)(ia) of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) and disallowed the expenditure claimed by the assessee. The main prayer of the assessee is that if the matter is remitted back to the file of the AO with a direction to verify as to whether the payees have in this case offered the amounts in question for taxation in their return of income, then no disallowance u/s. 40(a)(ia) of the Act should be made. We note that the Hon’ble Delhi High Court in the case of CIT Vs. Ansal Landmark Township Pvt. Ltd. 377 ITR 635 (Del) has taken the view that insertion of 2nd proviso to sec. 40(a)(ia) of the Act is retrospective and will apply from 01.04.2005, and, therefore, we find force in the prayer made before us. Therefore, we set aside the order of the Ld. CIT(A) on this issue and direct the AO to verify as to whether the payees in this case has disclosed the receipts in their respective returns and paid taxes thereon and in such an event, the disallowance u/s. 40(a)(ia) of the Act is not called for. We direct the AO to verify the said aspect and dispose of the issue accordingly.
In the result, the appeal of the assessee is allowed for statistical purposes. Order is pronounced in the open court on 22nd December, 2017 Sd/- Sd/- (Dr. A. L. Saini) (Aby. T. Varkey) Accountant Member Judicial Member Dated : 22nd December, 2017 Jd.(Sr.P.S.) Copy of the order forwarded to: 1. Appellant – Joydeb Chandra (Deceased) L/R Shri Rajesh Chandra, 7/1Al, Abhoy Halder Lane, Kolkata-700 012. Respondent – D.C.I.T., Circle-33, Kolkata. 2 3. The CIT(A) , Kolkata.
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 Sita Enterprises vs. Office Of The CommissionerUttarakhand · 26 Oct 2026
- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Sri Tatiparthy Venkata Swamy vs. The State Of Andhra PradeshAndhra Pradesh · 25 Oct 2026
- Piyush Shantilal Veera vs. State Of U.P.Allahabad · 23 Oct 2026
- Tvl. Pooja Shri Traders vs. The Deputy State Tax Officer - 1Madras · 23 Oct 2026