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of <h1>Appeal allowed for tax deduction, emphasis on TDS link for claimed salary. Verify connection for allowance.</h1> <h3>PJSC Stroytransgaz, Gurgaon Versus DDIT, International Taxation, Circle 2(2), New Delhi.</h3> PJSC Stroytransgaz, Gurgaon Versus DDIT, International Taxation, Circle 2(2), New Delhi. - TMI Issues:1. Disallowance of salary expenses claimed as deduction due to lack of evidence of tax deducted at source.Analysis:The appeal was filed against the CIT(A)'s order concerning the assessment year 2007-08, focusing on the disallowance of salary expenses amounting to &8377; 55,47,237/- due to the absence of proof of tax deducted at source. The Tribunal directed the AO to verify the TDS challan to allow the deduction. The assessee failed to produce evidence of TDS payments related to the earlier year, leading to the disallowance. The assessee claimed the tax payment was made but the challan was misplaced due to a change in accountants. The assessee obtained confirmation from OLTAS regarding the tax payment of &8377; 18,50,514/- and submitted it to the CIT(A). Despite this, the disallowance was upheld by the CIT(A) based on the remand report of the AO.Upon review, the Tribunal noted that the assessee had indeed deposited tax amounting to &8377; 18,50,514/- on 15.06.2006, as evidenced by OLTAS confirmation and bank account records. The nature of payment was specified as salaries. Although the TDS amount was established, the nexus with the claimed salary deduction of &8377; 55,47,237/- was not proven. Consequently, the Tribunal set aside the order and directed the AO to verify the connection between the TDS amount and the claimed salary to allow the deduction if proven.In conclusion, the appeal was allowed for statistical purposes, emphasizing the need for establishing a clear link between TDS payments and claimed deductions to validate the allowance.The judgment highlights the importance of substantiating deductions with concrete evidence, especially concerning tax-related matters. The Tribunal's decision underscores the significance of establishing a direct correlation between claimed expenses and corresponding payments to ensure the legitimacy of deductions in tax assessments.
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