HYDROCABON RESOURCE DEVELOPMENT COMPANY P LTD,MUMBAI vs. DCIT 8(2), MUMBAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal found no infirmity in disallowing the commission as the TDS was remitted belatedly. The disallowance under Section 14A was also sustained as the assessee did not controvert the findings of the lower authorities.
What were the facts?
The assessee's appeal challenged the disallowance of commission payable to directors and disallowance under Section 14A. The assessee did not appear for the hearing.
What were the issues?
Whether commission payable to directors is disallowable due to belated TDS remittance, and whether expenses for earning exempt income were correctly disallowed under Section 14A.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “H”, MUMBAI
Before: SHRI C.N. PRASAD & SHRI RAMIT KOCHAR
आदेश / O R D E R PER C.N.PRASAD (JM) This appeal is filed by the Assessee against the order of the Ld.CIT(Appeals)-17, Mumbai dated 10.2.2014 for the assessment year 2010- 11.
The Assessee in its appeal challenged the order of the Ld.CIT(Appeals) in sustaining the disallowance of commission payable to directors u/s 40(a)(ia) and disallowance u/s 14A of the Act.
(A.Y.2010-11) M/s Hydrocarbon Resource Development Company Pvt.Ltd.
Inspite of issue of notices to the Assessee, none appeared on behalf of the Assessee nor any adjournment petition is moved. Thus we dispose off the appeal by hearing the Ld. DR.
The Ld. DR submitted before us that the Assessing Officer disallowed commission to directors of Rs.16,57,988/- for the reason that the Assessee though deducted TDS on such commission it was remitted to the Government account belatedly and beyond the due date for filing of return u/s 139(1) of the Act. The Ld. DR submits that the Ld. CIT (Appeals) sustained disallowance made by the Assessing Officer agreeing with the view of Assessing Officer that since the Assessee did not deposit the TDS within the due date for filing of return u/s 139(1) of the Act. Hence, the said amount needs to be disallowed.
On perusal of the orders of the authorities below, we find no infirmity in disallowing the said commission. The findings of the authorities below are not controverted by Assessee. Regarding disallowance u/s 14A, the Ld. DR submits that the Assessing Officer while completing the assessment noticed that Assessee earned share of profit from Sanganpur JV Project and claimed as exemption u/s 10 of the Act and no expenses attributable for earning exempt income were disallowed by the Assessee and therefore the Assessing Officer invoking Rule 8D r.w.s 14A made disallowance. The Ld. DR submits that the Ld. CIT (Appeals) sustained the disallowance. The findings of the lower authorities have not been controverted by the Assessee and therefore we sustain the orders of the authorities below.
In the result, appeal of the Assessee is dismissed.
(A.Y.2010-11) M/s Hydrocarbon Resource Development Company Pvt.Ltd.
Order pronounced in the open court on the 12th day of May 2017.
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 →- Modern Engineers And Contractors vs. The Deputy Assistant Commissioner (St)Andhra Pradesh · 28 Oct 2026
- K Madhusudan Reddy vs. The State Of Andhra PradeshAndhra Pradesh · 28 Oct 2026
- Sandeep Ranjan Rout vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Gagan Bihari Rout@Gagan Rout vs. State Of OdishaOrissa · 28 Oct 2026
- Biswanath Rana vs. The Commissioner, CT And GST, Odisha, CuttackOrissa · 28 Oct 2026