2015 (3) TMI 185 - AT - Income Tax

ITA Tribunal: No disallowance under 40(a)(ia) if payments not treated as expenditure despite TDS obligation.

The ITAT ruled in favor of the Assessee, emphasizing that no disallowance under section 40(a)(ia) should be made when payments were not treated as ... Non deduction of TDS u/s 194J - payments made to hospitals - disallowance u/s 40(a)(ia) - proceedings under section 201 initiated - Held that:- Provisions of section 40(a)(ia) cannot be invoked for non deduction of tax by TPA service provided being a conduit between the insurer and hospital/ the insured. Though the assessee is under the obligation to deduct tax at source under section 194J however, the consequential liability is only under section 201 and 201(1A) and the disallowance under section 40(a)(ia) cannot be automatic when the assessee has not claimed this payment as expenditure against the income. The assessee has shown the income, only the service charges receivable from insurance companies for rendering services as 3rd party administrator and not having any margin or profit element in the payment received from the insurers for the purpose of remitting to the hospitals to settle medical claim of the insured. Therefore, when the said payment has not been claimed as expenditure incurred for earning the income by the assessee then the provisions of section 40(a)(ia) is not attracted for non deduction of tax at source in respect of the said payment. Thus we hold that no disallowance can be made under section 40(a)(ia) in respect of the payment in question. - Decided in favour of assessee. Issues:1. Disallowance under section 40(a)(ia) for non-deduction of tax at source.2. Applicability of section 194J on payments made to hospitals for medical services.3. Interpretation of the role of Third Party Administrator (TPA) in facilitating payments between insurers and hospitals.4. Dispute regarding the liability under section 201(1) and 201(1A) versus addition under section 40(a)(ia).5. Legal precedence and circulars related to TPA services and tax deduction obligations.Issue 1: Disallowance under section 40(a)(ia) for non-deduction of tax at source:The case involved cross-appeals against the CIT(A)'s order regarding disallowance under section 40(a)(ia) for non-deduction of TDS. The AO disallowed a substantial amount for non-deduction of tax at source on payments made by the assessee to hospitals for medical services. The CIT(A) partially allowed relief based on a Special Bench decision. Both parties challenged the CIT(A)'s decision before the ITAT.Issue 2: Applicability of section 194J on payments to hospitals:The AO contended that section 194J applied to payments made to hospitals, requiring TDS deduction. The ITAT considered the decision of the Karnataka High Court, which affirmed the obligation of TPAs to deduct TDS on payments to hospitals for medical treatments. The dispute centered on the application of section 40(a)(ia) for non-deduction of TDS.Issue 3: Interpretation of TPA's role in payment facilitation:The Assessee argued that as a TPA, they merely facilitated payments between insurers and hospitals without claiming any expenditure. Citing various decisions and circulars, the Assessee contended that no disallowance should be made under section 40(a)(ia) when no tax liability was imposed under section 201 due to payments being made by the deductee.Issue 4: Liability under section 201 versus addition under section 40(a)(ia):While acknowledging the TPA's obligation to deduct TDS under section 194J, the ITAT emphasized that the disallowance under section 40(a)(ia) should not be automatic if the payment was not claimed as expenditure. Relying on Tribunal decisions, the ITAT held that no disallowance could be made under section 40(a)(ia) when the payment was not treated as expenditure against income.Issue 5: Legal precedence and circulars related to TPA services and tax deductions:The ITAT considered previous Tribunal decisions and circulars to support its conclusion that disallowance under section 40(a)(ia) was not warranted when payments were not claimed as expenditure. The ITAT upheld the Assessee's appeal, allowing the claim and dismissing the Revenue's appeal.In conclusion, the ITAT ruled in favor of the Assessee, emphasizing that no disallowance under section 40(a)(ia) should be made when payments were not treated as expenditure, despite the TPA's obligation to deduct TDS under section 194J. The judgment provided clarity on the TPA's role in payment facilitation and the application of tax deduction provisions in such transactions.