2012 (4) TMI 705 - AT - Income Tax

Tribunal upholds CIT(A) decision on genuine expense reimbursements

The Tribunal upheld the decision of the ld.CIT(A) in deleting the disallowance u/s 40(a)(ia) to the extent of &8377; 14,91,489/-, as the payments made ... - Issues involved:The judgment involves the disallowance u/s 40(a)(ia) of the Act.Disallowance u/s 40(a)(ia):The Assessing Officer disallowed an amount under u/s 40(a)(ia) as TDS was not deducted on certain payments made by the assessee. The ld.CIT(A) deleted the disallowance to the extent of &8377; 14,91,489/- after considering the submissions and evidence provided by the assessee. The ld.CIT(A) observed that the payments made to the C&F Agent were supported by bills and invoices, and were reimbursement of actual expenses incurred. The ld.CIT(A) found that all payments were made by the assessee through account payee cheques to the C&F Agent, which was acknowledged by the Assessing Officer in the remand report. The Tribunal upheld the decision of the ld.CIT(A) and dismissed the appeal filed by the Revenue, as no specific error could be pointed out to show that the amount in question did not represent actual reimbursement of expenses incurred by the C&F Agent on behalf of the assessee.Conclusion:The Tribunal confirmed the decision of the ld.CIT(A) in deleting the disallowance u/s 40(a)(ia) to the extent of &8377; 14,91,489/-, as the payments made were found to be genuine reimbursements of actual expenses incurred by the C&F Agent on behalf of the assessee.