THE CHIEF MANAGER (ADMINISTRATION) STATE BANK OF INDIA,JHANSI vs. ADDITIONAL CIT(TDS), KANPUR

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ITA 289/AGR/2024Status: DisposedITAT Agra28 March 2025AY 2017-184 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the assessee acted under a bona fide belief due to a debatable issue, supported by an interim High Court order. Therefore, the penalty for short deduction of TDS was not warranted.

What were the facts?

The assessee bank levied penalty for short deduction of TDS on Leave Fare Concession (LFC) reimbursements for overseas travel. The assessee claimed a bona fide belief that LFC for domestic destinations, even if en-route involved foreign travel, was exempt under Section 10(5).

What were the issues?

Whether penalty under Section 271C is leviable for short deduction of TDS when the assessee acted under a bona fide belief on a debatable interpretation of Section 10(5)?

Which sections of the Income-tax Act were involved?

Section 10(5),Section 201(1),Section 201(1A),Section 271C

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Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, “SMC” BENCH, AGRA

Before: HONBLE SHRI SATBEER SINGH GODARA, JM & HONBLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Shri Deepak Maheshwari, Adv.-Ld. AR, Shri Shailendra Shrivastava – Ld. Sr. DR
For Respondent: Shri Deepak Maheshwari, Adv.-Ld. AR, Shri Shailendra Shrivastava – Ld. Sr. DR

Heard together (2 matters)

ITA No. 287/Agr/2024
ITA No. 289/Agr/2024

Read from the judgment's own cause title. This page is filed under one of them.

(िनधा�रणवष� / Assessment Year: 2017-18) The Chief Manager (Administration) Addl. CIT (TDS) State Bank of India Kanpur बनाम/ Regional Business Office (RBO), Vs. 372/44, Gwalior Road Civil Lines, Jhansi �थायीलेखासं./जीआइआरसं./PAN/GIR/TAN No.AGRS-14799-B (अपीलाथ�/Appellant) : (��थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Shri Deepak Maheshwari, Adv.-Ld. AR ��थ�कीओरसे/Respondent by : Shri Shailendra Shrivastava – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 11-02-2025 घोषणाकीतारीख /Date of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeals by assessee for Assessment Years (AY) 2015-16 and 2017-18 arises out of separate orders of first appellate authority. The grievance of the assessee is identical i.e., confirmation of levy of penalty u/s 271C. First, we take up appeal for AY 2015-16 which arises out of an order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 10-06-2024 confirming levy of penalty u/s 271C.

2.

From the case records, it emerges that impugned penalty has been levied for short deduction of tax at source on payment of Leave Fare Concession (LFC) journey to overseas destination as claimed by various employees. An order was passed u/s 201(1) / 201(1A) for short deduction of tax at source raising certain demand against the assessee. It was held that as per express provisions of Sec. 10(5), the exemption could be granted only for journey to any place in India and there was no intention to allow the employees to travel abroad under the garb of benefit available u/s 10(5). The reimbursement so made by the assessee was not exempt and liable for TDS. Consequently, impugned penalty was levied for Rs.1.07 Lacs u/s 271C for want of any satisfactory explanation from the assessee.

3.

During appellate proceedings, it was submitted that assessee paid LFC / LTA to its employees and LFC was granted for domestic travel. Under the package, the employees visited foreign places en- route to the designated place in India and the assessee employer did not deduct any TDS on such reimbursements under a bona-fide belief that such reimbursements were exempt u/s 10(5) which do not require any TDS. No TDS was deducted under bona fide impression that if the destination was in India irrespective of the fact that en-route journey was out of India, the entire reimbursements would be exempt. This belief was supported by interim order dated 16-02-2015 of Hon’ble Madras High Court in MP No.2 of 2-014, WP No. 11991/2014 permitting assessee banker not to deduct TDS on such reimbursements. The assessee bank, following consistent practice, considered LFC claim as exempt and computed tax liability accordingly. The same was under a bona-fide belief that even when the journey involved a foreign leg, the employees would be entitled for exemption of Sec. 10(5) when the designated place was in India. There was no intention / motive either to defy the position of law or to evade any tax. Reference was made to the decision of Hon’ble Supreme Court in the case of Pricewaterhouse Coopers P. Ltd (25 Taxmann.com 400) holding that imposition of penalty was not warranted since the assessee had committed an inadvertent and bona fide error and not intended to conceal its income. However, Ld. CIT(A) rejected the same on the ground that this issue was ultimately been held against the assessee by Hon’ble Supreme Court (reported as 144 Taxmann.com 131) holding that the assessee was required to deduct tax at source on such reimbursements. Aggrieved, the assessee is in further appeal before us.

4.

From the facts, it clearly emerges that the assessee, following consistent stand as taken earlier, did not deduct tax at source on impugned reimbursements under a bona-fide belief that irrespective of en-route journeys, when the ultimate destination was in India, such reimbursements would be exempt u/s 10(5). The same is also supported by the fact that the on Hon’ble High Court of Madras granted interim order favoring the assessee. Finally, the issue has been put to rest by Hon’ble Apex Court holding that the assessee would be required to deduct TDS on such reimbursements. On these facts, it could very well be said that deduction of TDS on impugned

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