2013 (9) TMI 9 - AT - Income Tax

Tribunal allows deduction of lease rent & dismisses penalty appeal under tax law

The Tribunal allowed the Assessee's appeal, permitting the deduction of lease rent and overturning the disallowance under Section 40(a)(ia) for ... Disallowance of lease rent - Held that:- where the business of the assessee consists of hiring out machinery and/or where the income derived by the assessee from the hiring of such machinery is business income, the assessee must be considered as having used the machinery for the purpose of business. In the present case, it is worth to mention that GNFC Ltd. has shown the lease rent as income in its hand under the head 'business income'. That assessment is required to be considered in the present case while deciding this technical issue. We have noted that in the case of the lessor, i.e. GNFC Ltd. the issue has been consistently decided that the assets being under the ownership of GNFC Ltd., hence entitled for claim of depreciation and that the lease rent received from the assessee is required to be assessed as 'business income' - Decided in favor of assessee. TDS on payment made to CHA - disallowance u/s 40(a)(ia) - The nature of payment is reimbursement of actual expenses incurred by the agent which necessary evidence has been filed before us. The agent had deducted the TDS on these payments and paid to the exchequer within prescribed time. Thus, we do not find any reason to intervene in the order of CIT(A). - Decided in favor of assessee. Issues Involved:1. Disallowance of lease rent paid.2. Disallowance under Section 40(a)(ia) for non-deduction of TDS on CHA charges.3. Penalty under Section 271(1)(c) on disallowances.Issue-Wise Detailed Analysis:1. Disallowance of Lease Rent Paid:During the assessment proceedings, the Assessing Officer (AO) disallowed the lease rent of Rs. 7,68,99,864/- paid by the Assessee to its holding company, GNFC Ltd., on the grounds that the Assessee was the owner of the assets and the transaction was essentially a financing arrangement. The AO relied on the decision for A.Y. 2000-01 and disallowed the entire lease rent payment. The CIT(A) partially upheld the AO's decision, treating the lease as a finance lease but allowed depreciation and interest component of the lease rent after verification. The Assessee appealed, citing a favorable decision in ITA No. 1793/Ahd/2007 for A.Y. 2003-04, where the Tribunal had allowed the lease rent as a deduction. The Tribunal, finding the facts identical to A.Y. 2003-04, allowed the lease rent as a deduction in the present case as well.2. Disallowance under Section 40(a)(ia) for Non-Deduction of TDS on CHA Charges:The AO disallowed Rs. 12,59,291/- under Section 40(a)(ia) due to non-deduction of TDS on CHA charges, citing CBDT Circular No. 715. The CIT(A) upheld the AO's decision, stating that TDS was required on the entire CHA charges. The Assessee appealed, referencing the Tribunal's decision in ITA No. 827 & 1003/Ahd/2010 for A.Y. 2006-07, which had deleted a similar disallowance. The Tribunal found the facts identical and noted that the CHA charges were reimbursements with TDS already deducted by the agents. Consequently, the Tribunal deleted the disallowance under Section 40(a)(ia).3. Penalty under Section 271(1)(c) on Disallowances:The AO levied a penalty of Rs. 2,81,39,583/- under Section 271(1)(c) on the disallowances of lease rent and CHA charges. The CIT(A) deleted the penalty. The Revenue appealed, but the Tribunal, having deleted the additions in the quantum proceedings, found no basis for the penalty. The Tribunal upheld the CIT(A)'s decision to delete the penalty.Conclusion:The Tribunal allowed the Assessee's appeal regarding the lease rent deduction and the disallowance under Section 40(a)(ia). It dismissed the Revenue's appeal concerning the penalty under Section 271(1)(c). The judgment emphasizes the importance of consistency in tax treatment and adherence to previous Tribunal decisions.