2012 (7) TMI 421 - AT - Income Tax

Non-resident payment ruled as expense reimbursement, not subject to tax deduction.

The Tribunal upheld the CIT(A)'s decision in favor of the appellant, ruling that the payment to the non-resident was a reimbursement of expenses and not ... TDS - disallowance u/s 40a(ia) on account of unverified maintenance expenses – Held that:- Where an amount paid is not chargeable to tax In India at all, there is no requirement of tax deduction - payments were reimbursement of expenses and was in no way income chargeable to tax in India in the hands of the payee and hence did not require any tax deduction at source and therefore addition made u/s 40a(ia) of the Act was not warranted – In favor of assessee Issues:1. Disallowance of expenses under section 40a(ia) on account of unverified maintenance expenses.2. Reasonableness of CIT(A)'s decision in light of the Supreme Court's observations in a specific case.3. Allowance to add, delete, or amend grounds of appeal.Issue 1 - Disallowance of expenses under section 40a(ia) on account of unverified maintenance expenses:The case involved an appeal filed by the revenue against the deletion of disallowance of expenses made by the Assessing Officer under section 40a(ia) on account of unverified maintenance expenses. The appellant, a private limited company engaged in trading, had paid a significant amount to a non-resident company for manpower and maintenance expenses. The Assessing Officer added this amount as the appellant did not deduct TDS on the payment. The appellant argued that the payment was reimbursement for expenses incurred by the non-resident on its behalf, not subject to TDS under section 40a(i) of the Act. The CIT(A) deleted the addition, citing lack of evidence to prove it was not a reimbursement of expenses.Issue 2 - Reasonableness of CIT(A)'s decision in light of the Supreme Court's observations:The revenue contended that the addition under section 40a(ia) was justified due to non-deduction of tax on contractual payments. However, the CIT(A) found in favor of the appellant, emphasizing that the payment was reimbursement of expenses per the agreement terms and conditions. The CIT(A) referenced a Supreme Court case to support the decision that if an amount paid is not taxable in India, there is no requirement for tax deduction at source. The Tribunal upheld the CIT(A)'s decision, highlighting that the payment to the non-resident was not taxable in India, distinguishing it from a previous Supreme Court case involving payments to non-residents for work executed in India.Issue 3 - Allowance to add, delete, or amend grounds of appeal:The appellant sought permission to add, delete, or amend grounds of appeal, which was a procedural issue addressed by the Tribunal. The Tribunal dismissed the revenue's appeal, affirming the CIT(A)'s decision in favor of the appellant regarding the disallowance of expenses under section 40a(ia) due to the nature of the payment being reimbursement of expenses not taxable in India.In conclusion, the Tribunal upheld the CIT(A)'s decision, emphasizing that the payment made to the non-resident was reimbursement of expenses and not subject to tax deduction at source under section 40a(ia) of the Act. The case highlighted the importance of analyzing the taxability of payments to non-residents and the necessity of evidence to support disallowances under relevant provisions.