2016 (9) TMI 1305 - AT - Income Tax

ITAT upholds CIT(A)'s decision on expense disallowance under IT Act (A)

DCIT, Cir. 5, Baroda Versus Shree Pramukh Transport Co.

The ITAT upheld the ld.CIT(A)'s decision to delete the disallowance of expenses under section 40(a)(ia) of the IT Act for the Assessment Year 2005-06. The ... Disallowance u/s 40(a)(ia) - effect of amendment to section 40(a)(ia) - retrospective effect - Held that:- Provision of Section 40(a)(ia) does not attract in the case of the assessee. The ld.CIT(A) has rightly deleted the impugned disallowance. See case of Rameschandra Brahmbhatt [2012 (9) TMI 1096 - ITAT AHMEDABAD] - Decided in favour of assessee. Issues:Disallowance of expenses under section 40(a)(ia) of the IT Act.Analysis:The Revenue appealed against the order of the ld.CIT(A) regarding the disallowance of expenses made under section 40(a)(ia) of the IT Act for the Assessment Year 2005-06. The AO found that the assessee debited a sum to the P&L account as carting expenses, which attracted TDS under section 194C of the Income Tax Act. The AO issued a show cause notice to the assessee, who argued that section 40(a)(ia) would not apply as the assessee rendered services on behalf of truck owners and received commission income within the prescribed limits for audit under section 44AB. However, the AO disallowed the carting charges, adding them to the total income of the assessee.The assessee appealed to the ld.CIT(A), who, considering relevant case laws and the Tribunal's decision in a similar case, deleted the disallowance. The Revenue, dissatisfied with this decision, appealed before the ITAT. The ld.DR supported the AO's order, while the assessee's counsel defended the decision of the ld.CIT(A) and relied on the Tribunal's decision in a similar case. The ITAT noted that the ld.CIT(A) had considered the Tribunal's decision in the similar case and upheld the deletion of disallowance based on the facts that TDS was deducted before the due date of filing the return for the relevant assessment year.The ITAT concluded that the provision of section 40(a)(ia) did not apply in the case of the assessee, as TDS had been deducted before the due date of filing the return for the Assessment Year 2005-06. Therefore, the ITAT upheld the ld.CIT(A)'s decision to delete the disallowance of expenses under section 40(a)(ia) and dismissed the Revenue's appeal. The appeal of the Revenue was thus dismissed, and the order was pronounced on 12th September 2016 at Ahmedabad.